AMAR NATH MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned counsel appearing on behalf of Respondent-Union of India.

(2.) The Original Application No. 203/2012 preferred by the writ petitioner before the Central Administrative Tribunal, Patna Bench, Patna (Circuit Bench at Ranchi) was dismissed by the impugned order dated 15thth February 2003, whereunder the learned Tribunal held that the petitioner having not remained in four years regular service in PSS Group-B is not entitled for the grade pay of Rs. 5400/- in view of the circular dated 18thth January 2010 issued by the Government of India, Ministry of Communications & IT, Department of Posts.

(3.) The petitioner has challenged the said order in the present writ application and also sought a direction upon the respondents to grant him the grade pay of Rs. 5400/-. According to the petitioner, he had joined as a Postal Assistant on 8thth May 1973 under the respondents at Head Post Office, Jamshedpur. Thereafter, he was promoted to the cadre of Inspector of Post Offices with effect from 1stst November 1983. Again, he was promoted to the cadre of Assistant Superintendent of Post Offices with effect from 14thth March 1997. By office order dated 12thth January 2005, the petitioner was promoted in PSS Group-B Cadre and ordered to work as a Senior Postmaster, Jamshedpur Head Post Office on the leave vacancy. However, the said Memo did not materialize. Vide annexure-5 dated 30thth March 2005, the petitioner was promoted and posted as Superintendent, R.M.S., Ranchi purely on temporary and ad-hoc basis which was to take effect from the date of assumption of charge. He assumed the charge of the said post on 5thth April 2005. According to the petitioner, since then, he continuously worked on the PSS Group-B Post without any interruption or break in different assignments in the same cadre. The petitioner has relied upon Annexure-6 series being pay slips issued from time to time as per which, he continued in the grade pay of Rs. 4800/- from 1stst January 2006 till his date of retirement i.e. 31stst August 2010.