WARYAM SINGH Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) The petitioner was appointed as a Constable in the Border Security Force on 19.12.1969. His aforesaid appointment was in the pay scale of Rs. 75-95. While in the employment of the Border Security Force, the petitioner was promoted as Lance Naik with effect from 6.10.1985. The post of Lance Naik, at the time of promotion of the petitioner, was in the pay scale of Rs. 210-270. This pay scale came to be revised to Rs. 825-1200 with effect from 1.1.1986 and, therefore, the petitioner came to draw his salary in the pay scale of Rs. 825-1200 only with effect from 1.1.1986.

(2.) During the course of his employment, by an order dated 5.3.1986 the petitioner was appointed as a Staff Car Driver with the Delhi Bench of the Central Administrative Tribunal, on deputation terms for a period of one year, with effect from 1.2.1986. Subsequently, by an order dated 29.5.1989, the petitioner was appointed on transfer basis, against the post of Staff Car Driver with the Jodhpur Bench of the Central Administrative Tribunal, with immediate effect. This appointment of the petitioner vested in him the right to earn wages in the pay scale of Rs. 950-1500 i.e. the scale of the post of Staff Car Driver in the Central Administrative Tribunal.

(3.) Since the appointment of the petitioner to the Central Administrative Tribunal as Staff Car Driver, he has been claiming seniority with effect from the date he commenced to discharge duties of the post of driver i.e. even for the duration he discharged duties as driver while in the employment of the Border Security Force. The Central Administrative Tribunal, therefore, sought a clarification from the Border Security Force, regarding the employment of the petitioner, as a driver . The said clarification was furnished through a communication dated 30.7.1998. A perusal of the aforesaid communication reveals, that the petitioner commenced to start discharging the duties of the post of driver with the Border Security Force with effect from September 1972, i.e. after he had qualified departmental examination prescribed for the M.T. Driver cadre. In other words, the petitioner claims seniority in the cadre of the post of Staff Car Driver in Central Administrative Tribunal with effect from September 1972. Since the aforesaid claim was not accepted on the administrative side, the petitioner filed Original Application No. 461/CH/99 before the Central Administrative Tribunal, Chandigarh Bench, Chandigarh. The claim of the petitioner was partially accepted, in as much as, the petitioner was allowed to count his seniority in the cadre of Staff Car Driver in the Central Administrative Tribunal with effect from 6.10.1985. Unhappy with the determination of the authorities including the decision rendered in OA No. 461/CH/99 dated 9.11.2001, the petitioner has approached this Court by filing the instant writ petition, claiming seniority in the cadre of Staff Car Driver of the Central Administrative Tribunal with effect from September 1972.