UNION OF INDIA Vs. VISHWA MOHAN KUMAR

JUDGEMENT

(1.) Heard Dr. K.N. Singh, learned Additional Solicitor General of India assisted by Mr. Ram Tujabh Singh, learned counsel for the petitioners and Mr. Vishwa Mohan Kumar (In person) for the sole respondent.

(2.) The present writ petition has been filed for 050/00505 of 2019 by which the learned Central Administrative Tribunal has been directed to the respondent's promotion to the post of Executive Engineer should be regularized w.e.f. 30/11/2010 the date on which he was given the current duty charge of that post as he held that post continuously till regular promotion. Apart from the aforesaid, the learned Central Administrative Tribunal also directed the petitioners to issue order of promotion to the post of Executive Engineer w.e.f. 30/11/2010 with all consequential benefits within three months from the date of this order.

(3.) Learned counsel for the petitioners submits that the respondent herein was appointed as Assistant Engineer in the Civil Construction Wing of All India Radio on 19/12/1990 and was granted financial up-gradation to Grade Pay of Rs.6600.00 w.e.f. 18/12/2002 vide order dtd. 27/4/2005. Respondent was given current duty charge of the post of Executive Engineer w.e.f. 30/11/2010. The grade pay for the post of Executive Engineer was Rs.6600.00, so there was no financial enhancement in the pay scale for the current duty charge. The respondent was conferred second MACP with Grade Pay of Rs.7600.00 vide order dtd. 18/12/2020.