SHIV RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was working as a Sub Post Master in the Pay Scale of Rs. 1400-2300. On May 31, 1993, the petitioner was drawing the Basic pay of Rs. 1800/-. He had to cross the efficiency bar so as to entitle him to the release of the next increment of Rs. 50/-. His case for being permitted to cross the efficiency bar w.e.f. June, 1993 was considered and in view of the record of service, it was held that he was not suitable. The petitioner's case was again considered in the year 1994. He was again not allowed to cross the efficiency bar w.e.f. June 1, 1995, and his Basic pay was raised from Rs. 1800/- to Rs. 1850/-. A copy of the order passed in this behalf has been produced as Annexure P-4 with the present writ petition.

(2.) Aggrieved by this order the petitioner approached the Central Administrative Tribunal, Chandigarh. He prayed that the action of the respondent in stopping him at the stage of efficiency bar w.e.f. June, 1993 and June 1, 1994 be set aside and further that this pay has been wrongly fixed w.e.f. June 1, 1995 inasmuch as instead of releasing three increments of Rs. 50/- each only one increment was granted to him.

(3.) The Tribunal considered the matter and found that during the year 1990 and 1991 'there were as many as 10 disciplinary inquiries initiated against him in which punishment was imposed upon him'. Thus it was held that the "applicant's contention that he had satisfactory and unblemished service cannot be accepted". Still further, the Tribunal found that the petitioner's case "for crossing of efficiency bar was considered but rejected by the Departmental Promotion Committees held from time to time and it was only when the Departmental Promotion Committee held on 28.9.1995 found him fit to cross the efficiency bar and that too w.e.f. 1.6.1995 that the impugned order dated 7.10.1995 (A-1) was issued by respondent No. 2". On this basis it was held that the applicant cannot claim that he had a right to get the Basic Pay of Rs. 1950/- instead of Rs. 1850/-. Thus the petitioner's claim was rejected. Aggrieved by the order of the Tribunal, the petitioner has filed the present writ petition.