LAKHIRAM TAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Approach to this Writ Court by invoking Article 226 of the Constitution of India has been made with the following reliefs:

(2.) The case has a checkered history. The petitioner was appointed as a Constable in Central Industrial Security Force (CISF) on 11/3/1993 and was posted at Guwahati. While in service, a departmental proceeding was initiated against him which resulted in an order of penalty dtd. 30/10/2000 by which he was removed from service. The departmental appeal which was preferred by the petitioner was also rejected on 19/7/2001 whereafter, the petitioner had approached this Court by filing a writ petition, being WP(C)/4648/2003. The aforesaid writ petition was allowed vide judgment and order dtd. 11/8/2011 whereby the penalty of removal was interfered with and was substituted by stoppage of increment for 2 years without cumulative effect. It was also directed that for all purposes, other than back wages, the continuity of the service of the petitioner would be maintained. An application for review filed by the respondent authorities against the aforesaid order dtd. 11/8/2011 was also rejected and ultimately, vide an order dtd. 22/3/2012, the petitioner was reinstated. After such reinstatement, the petitioner was given one Grade Pay upgradation and on 30/11/2016, he had retired from service upon attaining the age of superannuation. The grievance of the petitioner, as would be reflected from the relief claimed which has been extracted above is with regard to a claim for upgradation of two Grade Pays. The petitioner has also claimed payment of pension at the appropriate rate after upgradation of the aforesaid Grade Pay. The claim is also with regard to promotion which, according to the petitioner, was wrongly denied to him.

(3.) I have heard Shri KK Phukan, learned counsel for the petitioner. I have also heard Mrs. R Devi, learned Central Government Counsel (CGC) for the respondents.