UNION OF INDIA AND OTHERS Vs. BODDEPALLI RAMU

JUDGEMENT

(1.) This writ petition is under Articles 226 and 227 of the Constitution of India filed by the Union of India and its functionaries assailing the order dated 18.8.2016 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A.No.457 of 2015 whereby and where under the Tribunal while quashing the decision of the authorities dated 24.3.2015 denying the remuneration of higher post, has remitted the matter before the authorities to pass fresh order after taking into consideration the observation made therein.

(2.) Brief facts of the case of the opposite party/applicant is that he was promoted to the post of Junior Clerk in the scale of Rs.3050-4590 vide order dated 28.11.2000, while he was working as Junior Clerk, was posted as Head Clerk in the scale of pay of Rs.5000-8000vide order dated 20.2.2001, he has further been posted as Office Superintendent Grade-II, vide order dated 12.2.2009. The opposite party/applicant made representation on 10.8.2014 before the authorities regarding his grievance for payment of higher arrears for the responsibilities shouldered by him as Head Clerk and Office Superintendent Grade-II, his representation was dismissed vide order dated 24.3.2015, which was challenged in O.A.No.457 of 2015 wherein the order rejecting his claim was quashed with a direction to the authorities to pass fresh order after taking into consideration the observations made above.

(3.) The Union of India and its functionaries, being aggrieved with the order passed by the Central Administrative Tribunal, is before this Court on the ground that the opposite party/applicant's main grievance is to regularize his service for the period he has rendered his duty in higher post of Head Clerk upon which he was posted against retired vacancy from 23.2.2001 to 14.7.2007, which the authorities have rejected vide order dated 24.3.2015 on the ground that since he has never been promoted to the higher post rather was allowed to officiate on the higher post, he cannot be regularized in the said higher post.