VIJAY VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Instant petition has been filed against the order of Tribunal dt. 16.4.2010. The petitioner filed OA before the Tribunal with the grievance that he is holding the post of Assistant Computer Programmer with effect from 1.4.2003 and the respondent may be directed to fix him in the pay-scale of Assistant Computer Programmer and pay arrears of the said post along with other consequential benefit flowing thereof. After reply came to be filed by respondent it came on record that petitioner was appointed on the post of Data Entry Operator in the pay-scale of 5000-8000 but was later on transferred from his parent division on the same post and grade to join Mechanical Department, North Western Zone, Jaipur on 31.3.2003 obviously on the same post and pay-scale which he was holding at the time of transfer.

(2.) It reveals from the record that as there was no post available of Data Entry Operator as such he was allowed to adjust and continue on the post of Assistant Computer Programmer for some time and that appears to be the basis for filing OA before the Tribunal to claim benefits of the post held by him and accordingly the Tribunal held that as he was never appointed on the post of Assistant Computer Programmer as such is not entitled to claim the arrears of pay-scale of the post of Assistant Computer Programmer and accordingly dismissed the OA under order impugned.

(3.) The main thrust of counsel for petitioner is that he was working against the post of Assistant Computer Programmer and he is entitled to benefit of post of held and as such there is error apparent in the order impugned.