M K SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the impugned order dated 28th July, 2010 whereby O.A. No. 398 of 2004 preferred by the petitioner has been dismissed by the learned Central Administrative Tribunal, Patna Bench, Patna.

(2.) The petitioner/applicant is an officer of Indian Forest Service, Bihar Cadre, 1975 batch. While he was holding the post of Chief Conservator of Forest on the basis of promotion in the year 1998, he was posted as Regional Chief Conservator of Forest, Patna from the year 2000 onwards. By notification dated 11.2.2002 he was given additional charge of Principal Chief Conservator of Forest (for brevity PCCF). Additional Charge was assumed by the petitioner on 13th February, 2002 and he officiated in that post in ad hoc capacity till 2nd July, 2002. Thereafter he was posted as Principal Chief Conservator of Forest (PCCF) but in his own pay and scale of Chief Conservator of Forest. The petitioner through a letter dated 11th March, 2003 made a demand that since he was holding charge as PCCF which carried a higher scale, he was entitled to the salary of the higher post in view of judgment of the Supreme Court, Selvaraj V/s. Lt. Governor of Island, Port Blair and Others., 1998 4 SCC 291 When he was not granted any relief even after few reminders, he filed the present case before the Tribunal.

(3.) Learned counsel for the petitioner has rightly submitted that the Tribunal instead of examining the validity and legality of petitioner's claim for pay-scale of the higher post held by him from 13th February, 2002, fell in error of proceeding to examine whether the petitioner was legally entitled to hold that post in substantive capacity. There is no dispute that the petitioner was actually made to officiate on higher post and the Tribunal was required only to find out on the basis of relevant rules, whether demand for higher pay for officiation was permissible or not.