NOKH RAM Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) By way of this writ petition, the petitioner has challenged the order passed by learned Central Administrative Tribunal, Chandigarh Bench in OA No. 984-HP of 2010, dated 3.8.2011, vide which learned Tribunal has dismissed the original application filed by the present petitioner.

(2.) Brief facts necessary for adjudication of the present petition are that an original application i.e. OA No. 984-HP of 2010 was preferred by the present petitioner before the learned Tribunal wherein the petitioner had inter alia prayed for quashing of order Annexure A-1 appended with the original application dated 22.12.2006, vide which, pay scale of Rs. 6500- 10,500 granted to him was reduced to Rs. 5500-9000. Reliefs prayed by the petitioner in the original application are quoted herein below.

(3.) The following facts are not in dispute. Petitioner initially joined the service of the respondents as a Mali on temporary basis on 01.03.1973 and thereafter, he was appointed as a Peon in July 1975, again on temporary basis under a specific scheme called the Source Book Scheme. Petitioner thereafter was appointed on ad-hoc basis as an LDC on 31.07.1985 on a pay scale of Rs. 260-400. In the year 1986, the respondent-Institute invited applications for the post of Library Assistant and Reference Assistant (Sanskrit) and Reference Assistant (Arabic). Petitioner applied for the post of Library Assistant. He was offered the post of Reference Assistant on ad-hoc basis in the pay scale of Rs. 1400-2300. The ad-hoc appointment of the petitioner as such was without specifying the particular language in which he so stood appointed as Reference Assistant which as per the respondentInstitute was done as the petitioner was not possessing essential qualification for being appointed as Reference Assistant as he did not possess the requisite degree either in Sanskrit or Arabic language. Petitioner served as Reference Assistant on ad-hoc basis without his services being so regularized till 01.12.1993. Thereafter he was promoted to the post of Professional Assistant w.e.f. 01.12.1993 in the pay scale of Rs. 1640-2900 and under FR 22(c), his pay was fixed Rs. 1760 w.e.f. 02.12.1993. Thereafter vide office memorandum dated 24th December, 2002, the service of the petitioner was deemed to be treated regularized as Reference Assistant w.e.f. 30.04.1987 in the pay scale of Rs. 1400-2300 revised to Rs. 4500- 7000, further revised to Rs. 5000-8000 w.e.f. 01.07.1990. Vide same office memorandum, the services of the petitioner were further ordered to be regularized as Professional Assistant w.e.f. 10.10.1992 in the pay scale of Rs. 1640-2900, revised to Rs. 5500-9000 w.e.f. 01.01.1996. He was also given the first upgradation under the Assured Career Progression Scheme (ACP) in the pay scale of Rs. 6500-10500 w.e.f. 19.10.2000 vide office memorandum dated 24.12.2002.