S C GUPTA Vs. UNION OF INDIA & ANR
HIGH COURT OF DELHI
S C GUPTA
Union Of India And Anr
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(1.) Rule DB. With the consent of the learned Counsel for the parties, the writ petition is taken up for final hearing.
(2.) This writ petition challenges the order dated 16th September, 2003 of the Central Administrative Tribunal (in short CAT ), Principle Bench, New Delhi passed in OA No. 468/2003. The said OA was filed praying for the following reliefs:
8.1 That the Respondent No. 2 be directed to count the applicant s continuous uninterrupted officiation in the post of Jr. Investigator w.e.f. 26.4.1971 to 19.9.1976 and Sr. Investigator w.e.f. 20.9.1976 to 26.6.1979 and Technical Assistant w.e.f. 26.6.1979 to 3.3.1981 as regular for purpose of fixation of pay, protection of pay scale, determining Seniority and Promotion to the higher grade as has been done in the case of other employees including Publicity Officers. The impugned orders which have adversely affected the interest of the applicant, being senior enough either may be withdrawn by respondent No. 2 or the applicant may be treated on the same footings as that of Publicity Officers but his eligibility/seniority should not be affected adversely.
8.2 That the Respondent No. 2 be directed to protect the pay scale of Rs.550-25-750-EB-30-900 held by the applicant in the post of Sr. Investigator prior to his appointment as Tech. Assistant in the scale of Rs.500-20-700-EB-25-900 w.e.f. 26.6.1979.
8.3 That in keeping in view the pay scale of Rs.550-900 earlier held by the applicant and that in order to get the applicant s pay fixed under FR 22/C, on promotion to the post of Dy. Supdt., the respondent No. 2 be directed to revise the pay scale of Rs.550-20-650-EB-25-750 to a higher scale of Rs.650-30-740-35-EB-880-EB-40-960 w.e.f. 4.3.1981 so that the recoveries made by the respondent No. 2 from his salary are recouped; and his pay is enhanced and fixed under FR 22/C.
8.3 That in order to get the applicant s pay fixed under FR-22/C, on promotion to the post of Dy. Supdt., the Respondent No. 2 be directed to revise the Pay Scale of Rs.550-20-650-EB-25-750 to Rs.550-25-750-EB-30-900 as recommended by DPC or to a higher scale of Rs.650-30-740-35-EB-880-EB-40-960 w.e.f. 04/03/1981 so that the recoveries made by the Respondent No. 2 from his salary are recouped and his pay is enhanced and fixed under FR-22/C.
8.4 That Respondent No. 2 be directed to correctly fix inter-se-seniority of the applicant with the Publicity Officer mentioned here in above in the application as the applicant was confirmed in the Pay Scale of Rs.550-20-650-EB-25-750 as Dy. Supdt. and the Publicity Officers were confirmed in the lower Pay Scale of Rs.470-15-530-EB-20-650-EB-25-750.
8.5 That the respondent be directed to promote the applicant to the post of Assistant Director Gr. I on regular basis from a date in 1979 or in 1980 when the post of Assistant Director Gr.I had fallen vacant and had been filled up on deputation basis.
(3.) The petitioner is aggrieved by the fact that upon his promotion to the post of Dy. Superintendent in the office of the respondent No. 2 i.e. Development Commissioner (Handlooms), his pay was not protected and upon promotion it was reduced.;
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