M. Katju, J. - (1.) -This writ petition has been filed against the impugned orders of the Central Administrative Tribunal dated 4.12.2001, Annexure-1to the writ petition, and 3.6.2002, Annexure-1A.
(2.) HEARD learned counsel for the parties. The respondent No. 1 Sri T. N. Kushwaha was working as Receptionist in the Central Administrative Tribunal, Allahabad. He was asked to take over the work of Court Master by order dated 10.9.1990, Annexure-2 to the writ petition. A perusal of the said order shows that the respondent No. 1 was only asked to work till further orders vice Sri Sanjeev Sinha, Court Officer who was being relieved. Sri Kushwaha made representations on 8.4.1994 and 28.4.1994 praying that he be paid salary of the Court Master in the grade of Rs. 2,000 to 3,500 from 11.9.1990 to 30.9.1993. This representation was rejected by the Principal Bench of the Central Administrative Tribunal by order dated 5.12.1995, Annexure-3 to the writ petition. The respondent No. 1 has alleged that again he was posted in Court No. 1 by order dated 6.11.1995 of the Vice Chairman, Central Administrative Tribunal, Allahabad, copy of which is Annexure-4 to the writ petition. According to the respondent No. 1 he was transferred from Court No. 1 to Court No. 3 by order dated 12.8.1996, with the approval of the Vice Chairman, Central Administrative Tribunal, Allahabad and on 29.10.1996 he was again posted in Court No. 1 under the order of the Vice Chairman, Central Administrative Tribunal, Allahabad. Copies of the orders dated 12.8.1996 and 29.10.1996 are Annexures-5 and 6 to the writ petition. The respondent No. 1 worked as such till he was transferred to judicial section by order dated 20.8.1997.
(3.) THE case of the petitioner before the Central Administrative Tribunal was that the respondent No. 1 was never designated as Court Master or Court Officer and he continued to work as U.D.C. during this period as is evident from the order dated 10.9.1990, 6.11.1995, 12.8.1996 and 29.10.1996. It was alleged by the petitioner that the respondent No. 1 could not have been appointed as Court Officer for which eight years of continuous regular service as Assistant was required as per C.A.T. Recruitment Rules while the respondent No. 1 was only U.D.C. at that time. True copy of the C.A.T. Recruitment Rules is Annexure-7 to the writ petition. It is alleged that the post of Court Master in the scale of Rs. 1,400 to 2,600 is a promotional post from the feeder grade of Stenographer grade-D while the respondent No. 1 was U.D.C., belonging to a different feeder grade. THE feeder grade/ promotional channel of Sri Kushwaha was L.D.C. to U.D.C. then from U.D.C. to Assistant and then from Assistant to Court Officer/Section Officer. Thus, the respondent No. 1 is seeking relief of payment of salary of Court Officer in the scale of Rs. 2,000-3,500 which is two grades higher than the post of U.D.C. in the scale of Rs. 1,200 to 2,040. Moreover the respondent No. 1 has not completed eight years of minimum regular service as Assistant nor five years of regular service as U.D.C. for promotion to Assistant. Hence he has no claim to be appointed as Court Officer or to get salary of that post. THE respondent No. 1 was only allowed to work in Court No. 2 as U.D.C. to look after the work of Court Master. However, the O.A. filed by the respondent No. 1 has been disposed of by the Central Administrative Tribunal holding that the respondent No. 1 was appointed to the post of Court Master and hence he was entitled to the salary of Court Master from 11.9.1990 to 30.9.1993 and from 6.11.1995 to 20.8.1997. The Tribunal has relied on Fundamental Rule 49 (iii) copy of which is Annexure-8 to the writ petition.;