S H DHUMALE Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition, under Article 226 of the Constitution of India, is directed against the order dated 12-5-2004 passed in Original Application No. 335/2001 by the Central Administrative Tribunal, Jabalpur Bench, Jabalpur (hereinafter referred to as to "the Tribunal") whereby petitioner's claim for Senior Time Scale from 6-5-1998 with consequential benefits has been rejected.

(2.) THE case of the petitioner before the Tribunal was that, while working in the Postal Department under the respondents, he was promoted by order dated 2-4-1990 Annexure P1 to the cadre of Superintendent, Postal Services, Group B. On 30-5-1995 he was promoted on ad hoc basis in the Junior Time Scale of Indian Postal Services, Group A, as Senior Superintendent of Post Offices, Ujjain Division. Petitioner was transferred by order dated 17-4-1998 Annexure P2 as Deputy Divisional Manager (PLI ). He joined on that post on 6-5-1998. The petitioner was appointed on regular basis in the Junior Time Scale, Group A, in the pay scale of Rs. 8000-225-13500 by order dated 23-7-1998 Annexure P3. Pursuant to order dated 23-7-1998 Annexure P3 he was ordered to work on regular basis as Deputy Divisional Manager (PLI ). The order dated 7-8-1998 in this regard, is Annexure P4. By order dated 31-5-1999 Annexure P5 the petitioner was transferred as Deputy Divisional Manager (BD ). He was further promoted to the next higher grade of Senior Time Scale, Group A, in the pay scale of Rs. 10000-325-15200 by order dated 31-3-2003 with effect from 1-4-2003. The grievance of the petitioner was that as he had completed seven years of service in Group B and was placed in the approved panel of Junior Time Scale in the year 1998 he should have been promoted to the Senior Time Scale from May 1998.

(3.) THE respondents, in reply, denied the petitioner's claim for Senior Time Scale from May 1998 and averred that he has been granted the Senior Time Scale with effect from 1-4-2003 strictly in accordance with the rules.