ROSHAN LAL Vs. CENTRAL ADMINISTRATIVE TRIBUNAL, CHANDIGARH BENCH

JUDGEMENT

(1.) THIS petition filed under Article 226 of the Constitution challenges order dated 20th July. 2000 (P -9) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for brevity, 'the Tribunal) dismising the Original Application No. 824/CH/98 filed by the Petitioner, who have been working as Head Clerk, as having been rendered infructuous. A further prayer has been made for directing the Respondent to remove the anomaly created in the pay scales of the post of the Head Clerk and District Savings Officers by granting the Petitioner pay scale and pay equivalent to his subordinates who have throughout been junior to him as Upper Division Clerks/Stenos, and who have been promoted as District Savings Officers without competition, written test or interview in the higher pay scale than the Petitioner.

(2.) BRIEF facts of the case necessary for disposal of the instant petition are that the Petitioner has been working as Head Clerk in the office of the Regional Director, National Savings (Government of India), Haryana, Chandigarh since 28th January, 1984 and confirmed as such with effect from 29th January, 1986. Prior to 1st January, 1973, the pay scale of the post of Head Clerk was Rs. 210 -10 -290 -EB -15 -320 -EB -15 -380 and that of District Savings Officer was Rs. 180 -10 -290 -EB -l 5 -380. It is claimed that the nature of duties and responsibility of a Head Clerk are higher than that of a District Savings Officer. In that regard reliance has been placed on a letter dated 13th November, 1986 (P -l) issued by the Deputy National Saving Commissioner (T) prescribing the job chart for Head Clerks, Upper Division Clerks and Lower Division Clerks and another list of duties and functions of District Savings Officer (P -2). However, with effect from 1st January, 1973 the pay scales of both the posts were brought at par in the pay scale of Rs. 425 - 15 -500 -EB -15 -560 -20 -700. It has been submitted by the Petitioner that prior to 1st January, 1986, both the cadres of Head Clerk and District Saving Officer were feeder cadre for further promotion to the post of Assistant Regional Director National Saving. However, with effect from 1st January, 1986 a joint seniority list of both the cadres has been maintained on all India basis but the next channel of promotion remained the same. A copy of the all India eligibility list of District Savings Officers/head Clerks as on 1st January, 1998 has been placed on record (P -3). The promotional post of Assistant Regional Director has been upgraded to that of Deputy Regional Director, therefore, now the next channel of promotion is to the post of Deputy Regional Director.

(3.) IN 1989, the recruitment rules concerning appointment to the post of District Savings Officer were amended and Upper Division Clerks/Stenographers, who were working in lower grade (Rs. 330 -560 prior to 1st January, 1986 and revised to Rs. 1200 -2040 with effect from 1st January, 1986) than the post of Head Clerk, were made eligible for promotion to the post of District Savings Officer.