H.C. GERA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) The petitioner has filed this petition for the issuance of a writ in the nature of certiorari for quashing the order dated 20.5.2010 by which he has been reverted from the post of Biologist-cum-Anti Malaria Officer (for short 'BCAMO') to the post of Entomologist-cum-Parasitologist (for short 'ECP'), order dated 8.12.2010 of the Central Administrative Tribunal, Chandigarh (for short 'the Tribunal') whereby his Original Application challenging the order dated 20.5.2010 has been dismissed and for issuance of a writ of mandamus to reinstate him in the post of BCAMO and be paid all pensionary benefits with interest from the date of superannuation. In short, the petitioner, possessing the qualification of M.Sc (Honors) in Zoology, was appointed as Assistant Entomologist in 1997. The said post was redesignated as ECP in 1982. He was further promoted as BCAMO for six months on ad hoc basis on the instructions of the Government of India for filling up the post of Malaria Officer by way of promotion in the year 1984. This ad hoc appointment was extended till 10.5.1985 and in 1986 petitioner was reverted notionally with retrospective effect and again promoted on ad hoc basis on 12.5.1985 by order of the same day. However, there was further no extension granted to the petitioner but he continued to work on the said post till 20.5.2010, when he was reverted as ECP on the ground that he had manipulated his continuance on the promoted post.

(2.) The petitioner was revered from Group 'B' post to Group 'C' before 11 days of his superannuation which was challenged by him by way of OA before the Tribunal and had continued on the promoted post on account of interim order and superannuated on 31.5.2010.

(3.) It is pertinent to mention that since there was difference of opinion amongst the members of the Tribunal, therefore, it was placed before the Full Bench, who had ruled that ad hoc promotion of the petitioner as BCAMO was contrary to the Rules. He was held entitled to retiral benefits on the last pay to be fixed on his substantive post of ECP at the stage he would have reached in the normal circumstances, as per law and rules, had he not been promoted irregularly as BCAMO, which is a gazette Group 'B' post.