NRUSINGH CHARAN MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner after approaching the Central Administrative Tribunal, Cuttack Bench, Cuttack by filing O.A. No.809 of 1994 challenging the order dated 29.11.2000.

(2.) THE brief facts of the case are that the petitioner joined as a Time Scale Sorting Assistant in Railway Mail Service 'N Division on 21.10.1959. According to the petitioner he was due to be promoted to the Lower Selection Grade (LSG) with effect from 1.6.1974 under 20 % quota, but the authorities reckoned authority amongst Time Scale Sorting Assistants in the Division on the basis of the date of confirmation of their services irrespective of their date of entry and brought out an erroneous list of officials deemed and entitled to LSG cadre carrying higher pay of the said cadre with effect from 1.6.1974 by order dated 14.11.1974.

(3.) THE allegation made in the O.A. are clear from the contents of paragraphs C, D and E thereof which are quoted as under : "C. That Sri Hrudananda Kumar, Time Scale Sorting Assistant at Serial No.40 and under Annexure -1 was made to supersede the Applicant for which he made several representations unlike some of whom bringing about the cause of action in the High Court of Orissa and obtained directions for preparation of a fresh Gradation list on the principles laid down in 1974(2) SLR -884 and to vest all consequential benefits in the Applicant while allowing the writ application and quashing the gradation list forming the basis of the list prepared under Annexure -1. D. That in case of Paramananda Sahoo similarly situated as the Applicant and directed conferment of full financial benefits upon approval of his LSG Cadre in the year 1974 and payment of arrears of his pay and allowances therefrom in compliance of same orders of the Honble High Court of Orissa with a word of caution that they should be allowed pay and allowances at par with officials immediately junior to them. E. That resolving several such anomalies and following several guidelines of the Respondents No.1 and 2 a revised gradation list was drawn up on 15.12.81 placing the Applicant at serial 102 allowing stepping up of his pay at par with Sri R. C. Sethi at Serial 105 permitting the Applicant to go over some of his juniors except that at serial 40 of Annexure I Sri Hrudananda Kumar who is placed at serial 61, the relevant portion of gradation list is annexed as Annexure -2."