UNION OF INDIA Vs. AKSHAYA KUMAR BAHALIA

JUDGEMENT

(1.) This writ petition is under Articles 226 and 227 of the Constitution of India preferred by Union of India through its General Manager, East Coast Railway, Bhubaneswar whereby and where under the order passed by Central Administrative Tribunal, Cuttack Bench, Cuttack on 03.01.2017 in O.A. No.260/00008 of 2014 has been assailed wherein the learned Tribunal has granted the benefit of upgradation in pay scale under Assured Career Progression Scheme by counting the period of training undergone by the applicant.

(2.) The brief facts of the case of the opposite party - applicant before the Tribunal was that he has joined the training after following all the formalities and on successful completion has been taken into the cadre with effect from 30.03.1988 and thereafter has been regularized on 28.08.1998 as skilled Grade-III (Fitter).

(3.) Mr. Paresh Kumar Sahoo, learned counsel representing the Union of India has tried to strengthen his argument by submitting that so many circulars have been issued by the East Coast Railway which provides condition that the period undergone on training cannot be counted for the purpose of counting the 12 years of service, rather the 12 years was to be counted from the date when the period of training has been completed.