UNION OF INDIA Vs. UDAYAN SAMADDAR

JUDGEMENT

(1.) The petitioners are the Union of India and its officers in the Geological Survey of India. They have challenged the decision of the Central Administrative Tribunal, Calcutta Bench in O.A. No. 1176 of 2008. The Tribunal has upheld the contention of the Respondent No. 1 (hereinafter referred to as the respondent) that he is entitled to presumptive pay while he was discharging the function of Superintending Engineer (Construction) which was an ex-cadre post. The Tribunal has further directed that in case the arrears were not paid within the stipulated time. The petitioners would have to pay interest @ 8% per annum.

(2.) The Director General, Geological Survey of India issued an order on 19th July 2002 directing the respondent who was then working as Director in the Geological Survey of India to look after the work of the Superintending Engineer (Construction) (herein after referred to S.E. (Construction)) with effect from 19th July 2002. This office order was issued on the basis of the Ministries decision. A fresh order was issued on 3rd April 2003 directing the respondent to hold the additional charge of Director, Grievance besides his routine work.

(3.) On 1st June 2005, the respondent submitted a representation to the Director General Geological Survey of India for payment of presumptive pay for discharging additional duties as S.E.(Construction). As there was no response to the representation of the respondent, he called upon the Secretary, Ministry of Mines to issue the requisite orders for payment of presumptive pay.