HARBANS LAL VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is filed seeking quashing of order dtd. 24/2/2022 passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur (for short 'the Tribunal') dismissing the Original Application (for brevity 'OA') of the petitioner.

(2.) The brief facts are that the petitioner superannuated on 31/3/2009 from the post of Guard Mail. Consequent to the order dtd. 28/4/2008 granting Leave Without Pay (hereinafter 'LWP'), the effective date for grant of increment was shifted from March to July from the year 1999 onwards. The change in date for grant of increment was for the reason that as per rule, the period of LWP was to be excluded for counting the service period for grant of increment. The change of date of increment affected the grant of stagnation increment (hereinafter referred to as 'SI'). The representation filed by the petitioner against the change of month for increment was rejected on 9/12/2010. The OA filed by petitioner was dismissed. The Tribunal dismissed OA on merits and being time barred. It was considered that LWP on medical ground is to be excluded for calculating the service for grant of increment but the petitioner failed to substantiate that LWP was on account of medical reason.

(3.) Learned counsel for the petitioner submits that the order of changing the month of increment was passed without affording an opportunity of hearing. The contention is that there was nothing on record to prove that LWP was not for medical reason. It is argued that SI was wrongly withdrawn. The juniors were getting higher pay and the petitioner should have been given stepping up in pay.