UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) HEARD Mr. N. M. Lodha, learned counsel appearing for the petitioners.

(2.) WITH a view to give service benefits in respect to remove the stagnation and frustration likely to be caused amongst the employees on account of non-promotion to them for quite considerable period, a Scheme known as Time Bound One Promotion (T. B. O. P.) was issued. The Scheme says that on completion of 16 years of service, Class `d' employee should be given pay scale of Rs. 800-1150. Subsequently, Bionnial Cadre Review (B. C. R.) Scheme came into force in 1991 (hereinafter called "the Scheme" ). On account of this Scheme. Class `d' employees could have been promoted to the next higher pay scale of Rs. 950-20-1150-EB-25- 1400. The copy of the said Scheme has been filed as Exhibit-1. As per this scheme, on completion of 26 years of service, second promotion in pay scale was to be given i. e. pay scale Rs. 950- 1400. However, for proper implementation of the scheme, a circular was issued whereby it was made clear that options should be taken from the persons as to whether they would like to take advantage of B. C. R. Scheme or not. According to the department, it was needed because as per circular dated 28. 7. 92, the age of superannuation is fixed as 58 years. It is also noteworthy that the pay scale of Rs. 950-1400 is admissible to Class III employees. In such circumstances, as soon as Class `d' employee is promoted to the cadre of class `c' employee in the pay scale of Rs. 950-1400, then his age of superannuation is reduced to 58 years instead of 60 years. The copy of this circular has been filed as Exhibit-2.

(3.) THE amount, which has already been recovered, will be refunded to the employees within three months from today. .