BHARAT SANCHAR NIGAM LIMITED Vs. P.D. VASHISTA

JUDGEMENT

(1.) THE present petition has been filed by the Bharat Sanchar Limited (BSNL), feeling aggrieved by and dis-satisfied with the orders (Annexure- P1) dated 6.9.2005 passed in OA No. 785 H.P. The factual matrix of the case is that the respondent had filed an O.A. before the Central Administrative Tribunal (CAT) Chandigarh Bench for issuance of a direction to the petitioner to release the grade of Rs. 18000-22400 of the post of Chief Engineer (Civil) w.e.f. 26-12-2001, i.e. the date it has granted to S/Shri S.S. Goel and S.C. Misra who were junior to him and had been holding the charge of Chief Engineer (Civil), with all consequential benefits.

(2.) IN fact the respondent had initially joined on 9.9.1975, the erstwhile Posts and Telegraph Department as an Assistant Engineer (Civil) a general group B post on the basis of a Combined Engineering Services Examination conducted through UPSC in the year 1973. Subsequently the respondent was promoted on adhoc basis as Executive Engineer on 30.3.1982 and was given the charge of the post of S.E. (Civil) on charge holding basis on 28.12.1994 and was promoted as adhoc S.E. (Civil) on 1.7.1995 in the grade of Rs. 14300-18300. The next channel of promotion from the post of S.E. (Civil) to the post of Chief Engineer (Civil).

(3.) ON 26.12.2001 S/Shri S.S. Goel and S.C. Mishra, were asked to look after independent and full fledge charge of the post of Chief Engineer (Civil), however, they continued in the same pay scale as that of S.E. (Civil). On 25.11.2002, the another seniority list contained the name of the respondent in the same seriatim. Vide order dated 24.2.2003 (Annexure-P4) S/Shri S.S. Goel and S.C. Mishra who were holding the full fledges charge of Chief Engineer (Civil) were granted the pay scale of Rs. 18400-22400 as that of the post of Chief Engineer. The case of the respondent is converse. He was working on adhoc basis as Superintending Engineer (Civil). He was given the additional current duty of charge of Chief Engineer (Civil) vide order dated 4.9.1993 (Annexure-P5) but he was never given the full fledged independent charge to exercise statutory functions of Chief Engineer like Shri Goel and Shri Mishra aforesaid and the said order also made clear that the respondent and others who are finding mention in the list Annexure-P5, would not get extra remuneration for the additional charge (as provided in F.R. 49 (U)). They were also asked to exercise administrative and financial powers attached to the posts of Chief Engineer (Civil).