NEHRU YUVA KENDRA SANGATHAN Vs. JOGINDER NATH SHARMA

JUDGEMENT

(1.) The petitioners have challenged the order dated 7.4.2010 passed by the Central Administrative Tribunal, Chandigarh Bench, whereby the Tribunal has directed the petitioners to pay the pay allowances to the applicant attached to the post of District Youth Coordinator ( D.Y.C.), in the pay scale of Rs. 8000-13500 w.e.f. 1.1.2006. The following are the admitted facts.

(2.) The only contention taken before the Tribunal was that the applicant had not been regularly promoted through the process of D.P.C. But, we find from the order itself that the petitioners had admitted the eligibility of the respondent for promotion w.e.f. 1.1.2006 and on that ground only, the direction was issued to pay the salary attached to the post. It will be profitable to extract paragraph 3 & 4 from the order of the Central Administrative Tribunal. To quote:

(3.) Learned counsel for the petitioners vehemently contended that the applicant cannot be granted the scale attached to the post since he had not been duly appointed through the process of DPC. As rightly held by the Tribunal, the applicant had officiated in the post. He had retired from service while officiating in the post of DYC. If that be so, having performed the duties and functions attached to a higher post, it is only appropriate that he is granted the pay scale attached to the post, particularly in the background of the admission that there is no dispute regarding the eligibility of the respondent to hold the post. That DPC was not held in time is not in dispute and there is no fault on the part of the applicant in that regard, since the applicant/respondent herein was otherwise admittedly eligible for promotion and since he actually officiated in the post, there is absolutely no error or illegality in the view taken by the Tribunal. Thus, we find no merit in the Writ Petition and it is accordingly dismissed.