VAMAN DATTATRY GADAGKAR Vs. DIRECTOR GENERAL OF POSTS BOMBAY
LAWS(SC)-1997-4-34
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on April 07,1997

VAMAN DATTATRY GADAGKAR Appellant
VERSUS
DIRECTOR GENERAL OF POSTS,BOMBAY Respondents

JUDGEMENT

Venkataswami, J. - (1.) The appellant approached the Central Administrative Tribunal, New Bombay Bench, by filing O. A. No. 96/87 along with five others. The relief sought before the Tribunal by the appellant was that he was entitled to take advantage of Time Bound Once Promotion Scheme (for short TBOP Scheme) introduced by the respondent-department on 17-12-1983. The other relief sought was that as and when he is promoted as Lower Selection Grade Accountant the benefit of special pay and also application of FR 22-C must be given to him. The Tribunal, on an elaborate consideration of the pleadings and the arguments placed before it, by order dated 27-4-88 held that the appellant and five others, who were applicants before the Tribunal, were entitled to the benefit of FR 22-C and so far as the appellant is concerned, an observation was made in the following terms:"That in case the applicants Nos. 1 and 2 secure any promotion in future as LSG their pay should be fixed under FR 22-C and not under FR 22(a) (ii)."
(2.) The Tribunal negatived the other reliefs sought by the appellant as well as the other applicants.
(3.) Subsequent to the judgment of the Tribunal it appears the appellant got promotion as Lower Selection Grade Accountant but the Department failed to fix his pay under FR 22-C as directed by the Tribunal. Therefore, he moved the Tribunal by filing Miscellaneous Petition No. 688/88 for clarification. Unfortunately, the Tribunal presumably by mistake rejected the petition by observing as follows: "In the final order passed in the judgment delivered on 27-4-88 applicant No. 1s claim was rejected. Applicant cannot be given the relief as claimed in M. P. No. 688/88." ;


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