UNION OF INDIA Vs. AMBIKA PRASAD UPADHYAY

JUDGEMENT

(1.) Heard Mr. Naresh Dikshit, the learned counsel for the appellants/Railway Administration and Mr. Gautam Bose, the learned Senior Advocate for the respondent No. 1, who initially was an employee of the Railways but now stands substituted by his heirs because of this death in the meanwhile.

(2.) Late Mr. Ambika Prasad Upadhyay (respondent No. 1) had approached the Central Administrative Tribunal Bench vide O.A. No. 97 of 2010 seeking a direction to the Railway Administration to give him the benefit of PGT (Maths) in the Railway Schools with effect from 31/1/2005 when one Sri S.B. Tiwary had superannuated from the Inter College, E.C. Railway, Mugalsarai. He was the senior most teacher as PGT and, therefore, was required to be treated as a confirmed Principal with effect from 28/7/2008 when he had been appointed as In-charge Principal in BE. C.R.B.H.S., Danapur. It was prayed by him that he be appointed on the pay-scale of Headmaster from 28/7/2008 or, in the alternative, give at least officiating allowance of In-charge Headmaster (Principal) from 28/7/2008.

(3.) The O.A., bearing No. 97 of 2010, preferred by late Ambika Prasad Upadhyay was disposed off on 14/3/2014, directing the respondents to complete the process of promotion to the post of PGT (Maths) in accordance with the notification dtd. 13/5/2005 as per Rules within a stipulated period and if the applicant was found fit for promotion to the post of PGT (Matha), then that promotion would be granted to him notionally with effect from the date on which any one of the PGT juniors to the applicant in the seniority list or TGTs. had been granted promotion as PGT or from the date he was discharging the responsibilities of the Headmaster/Principal at Danapur against a higher post, whichever was earlier.