UNION OF INDIA & ORS. Vs. BHAGABAN MISHRA

JUDGEMENT

(1.) In all these writ petitions since common issue involved, the same are being disposed of by this common order.

(2.) The brief facts of the case of the opposite parties - applicants in all the cases before the Tribunal was that they have joined the training after following all the formalities and on successful completion they have been taken into the cadre with effect from different dates and thereafter they have been regularized on different dates as Technical Grade-III (Welder). The applicants have raised their grievance that they be given the benefit of upgradation in pay scale under the scheme formulated by the authorities by counting the period of 12 years from the date of their initial appointment, but when the same has not been considered by the authorities, they have approached the Tribunal and the Tribunal, after taking note of the entire aspect of the matter, has passed an order holding therein that they are entitled to be given upgradation of pay scale under the Assured Career Progression Scheme by counting 12 years of service from the date of their initial appointment, the said orders are under challenge before this court by way of these writ petitions inter alia on the ground that the training period ought not to have been counted for the purpose of counting the 12 years of continuous service.

(3.) Mr. Ashok Mohanty, learned Sr. 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. He submits that the petitioners since have got pre training, i.e. before entering into service, as such the pre training period should not have been directed to be counted by the Tribunal for the purpose of counting the continuous service to extend the benefit of Assured Career Progression Scheme.