UNION OF INDIA Vs. MAHESH CHAND RAI

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the sole respondent.

(2.) A short issue has been raised with regard to increment of arrears of salary with effect from 01.02.2005 to 31.12.2005 while discharging the duty as S.A.H.S.G.1 in the Postal Department. The respondent Mahesh Chand Rai was appointed as Sorting Assistant in R.M.S., Patna on 01.09.1956. He was granted Time Bound Promotion on 30.11.1983. After completion of 26 years of service, he became eligible to the benefit under the B.C.R. Scheme, but he was not granted the financial benefit under that scheme on account of pendency of the departmental proceeding. After completion of the departmental proceeding vide order dated 22.01.2001, the punishment with stoppage of two increments with cumulative effect for two years was awarded. Apart from the aforesaid case, two more charge sheets were served upon the respondent which continued but ultimately, it was dropped vide order dated 31.06.2003.

(3.) The Tribunal placing reliance on the judgment of Secretary-cum-Chief Engineer vs. Hari Om Sharma reported in 2008(5) SCC 87 directed to make payment of difference of salary to the respondent. The learned counsel for the petitioners has submitted that the basis on which the respondent was granted benefit placing reliance on Hari Om Sharma's case has been distinguished by the Hon'ble Supreme Court in the case of A. Francis vs. Management of Metropolitan Transport Corporation Limited, Tamil Nadu reported in (2014) 13 SCC 283 and refused to grant the relief to the employee.