RAM PRASAD Vs. ANDAMAN & NICOBAR ADMINISTRATION

JUDGEMENT

(1.) THE petitioner in this WPCT under art.226 dated September 13, 2012 is questioning an order of the Central Administrative Tribunal, Calcutta Bench ( Circuit at Port Blair) dated August 27, 2012 (WPCT p.86).

(2.) BY the order dated August 27, 2012 the Tribunal dismissed the petitioner 's OA No.36/AN/2011. The OA was filed questioning a decision of the respondent to withdraw the financial benefits the petitioner had been given under the ACP. The ACP benefits had been withdrawn and pay was refixed on the grounds that the petitioner had been given the benefits wrongly. BY an order dated August 21,1980 the petitioner was appointed to the post of Editor(Hindi) in the Chief Commissioner 's Secretariat of the A & N Administration. The question that the Tribunal was deciding was whether the petitioner was appointed to the post of Editor(Hindi) consequent upon his selection for promotion to the post or selection for appointment to the post as a direct recruit.

(3.) THERE can be no doubt at all that the petitioner was selected for appointment to the post by promotion, and not by direct recruitment. Simply because a copy of the appointment order dated August 21, 1980 was sent to the Employment Officer, Port Blair, it cannot be concluded that the selection in question was by direct recruitment and not by promotion. It is, therefore, clear that the petitioner getting two promotions at the date he was given the ACP benefit he was not eligible for the benefits. The benefits were wrongly given, and hence the respondents did not commit any wrong by withdrawing them.