CHAIRMAN Vs. AVNISH BANSAL

JUDGEMENT

(1.) Challenged in the present civil writ petition is the order dtd. 27/2/2018 (Annexure-P-3), passed by Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as 'the Tribunal'), vide which the Tribunal set aside the impugned letters/orders dtd. 10/6/2016 (Annexure-A-1) and competent authority was directed to make the payment of pay and allowances etc. for the adhoc period of applicant respondent No. 1 with effect from 18/7/2014 to 9/5/2016 as well, at par with other similarly situated persons of Civil Services Examination, 2008 (hereinafter referred to as 'CSE 2008'), within a period of two months, from the date of receipt of copy of the order.

(2.) We have heard the learned counsel for petitioners and have also carefully gone through the file.

(3.) The short controversy involved in this case is that applicant respondent No. 1 Avnish Bansal, who is physically impaired person, appeared in CSE 2008, but was not recommended for appointment by Union Public Service Commission. In the litigation that ensued before Central Administrative Tribunal, Principal Bench, New Delhi, vide order dtd. 8/10/2010 (Annexure-A-2), it was ordered that applicant-respondent No. 1 will be allocated services from the date of allocation of services to the candidates of CSE 2008 on notional basis, however, it would count towards seniority and calculation of increments at par with selectees of CSE 2008. After completion of four years services, applicant-respondent No. 1 was entitled to promotion for the post of Deputy Commissioner (CSE) alongwith other officers, who joined on the basis of CSE 2008. The officers, who joined on the basis of CSE 2008, were promoted to the post of Deputy Commissioner Grade-V in senior time scale after completion of four years of regular service. However, same benefit was denied to applicant respondent No. 1, despite his repeated representations. Ultimately, in the wake of pendency of OA No. 1538/2009, applicant respondent No. 1 was promoted to the post of DC (CSE) on adhoc basis,vide order dtd. 8/4/2016 (Annexure-A-8). Subsequently, his promotion was made ante dated with effect from 18/7/2014, vide letter dtd. 6/5/2016 (Annexure-A-9). The pay bills submitted by applicant-respondent for adhoc period i.e. from 18/7/2014 to 9/5/2016, were returned with objections by Senior Accounts Officer without making payment for the period of adhoc service rendered by applicant respondent No. 1 as Deputy Commissioner.