DHARAMVIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel Mr T.T. Diengdoh, for and on behalf of the petitioner as well as Mr. S.C. Shyam, learned CGC for the respondents.

(2.) Petitioner story in short is that he joined Assam Rifles in the year 1981 as a Nursing Assistant in the rank of a Sepoy and subse-quently on 19.08.1983 he was recruited as a Draughtsman through selection process and is still working in the same capacity. Since promotion and other financial benefits remained stagnant, petitioner approached this Court by way of a writ initially in the year 1995 as Civil Rule No.12 of 1995 and the same Civil Rule was dismissed vide judgment and order dated 29.08.2002. Being aggrieved by the said judgment of Single Judge the petitioner approached the Division Bench of this Court by way of an appeal. The Hon'ble Division Bench vide order dated 25.11.2008 in WA No.27(SH)2002 was pleased to remand the matter to the Single Judge for a fresh proceeding taking into consideration the subsequent Office Memorandum dated 19.10.1994. Hence this instant writ petition.

(3.) Learned counsel for the petitioner, Mr. T.T. Diengdoh, submits that even if petitioner is not qualified as per the norms of CPWD Draughtsman he is entitled to get the revised Scale as per Office Memorandum dated 19.10.1994. He also further contends that one Mr. Alok Acharjee, having the same qualifications as petitioner is having also got the revised scale w.e.f 1.11.1983 and to support his contention learned counsel relied on the judgment given by Hon'ble Apex Court in the case of Union of India & Ors. Vs. Debashis Kar & Ors. reported in 1995 Supp (3) SCC 528.