A.K. Banerjee, J. - (1.) The petitioner was working in Cossipore Gun and Shell factory under the Ministry of Ordinance, Union of India. He was promoted as high skill workman with effect from June 18, 1979 in the scale of Rs. 380/ - - 760/ -. In 1992 a review DPC was held and the petitioner was considered for promotion in the post of Chargeman, Grade -II with retrospective effect from May 7, 1980. Accordingly, the promotion order was notified on March 12, 1992. The subject promotional process became a subject matter of challenge in a litigation before the Administrative Tribunal, Jabalpur Branch and subsequently before the Apex Court. On or about September 13, 2000 the Apex Court cancelled the promotional process. The Apex Court upheld the decision of the Tribunal that the service conditions of the concerned employees were governed by statutory rules and the statutory rules not having put any additional benefit for the 8th category of people for the purpose of promotion to Chargeman, Grade -II, the additional benefit conferred had to be struck down. The Apex Court observed, "the Tribunal was wholly justified in striking down the aforesaid Government Memorandum and we see no justification for our interference with the said order of the Tribunal." The Tribunal however observed at the end, "undoubtedly the power lies with the employer and if the employer can re -adjust these reverted people within the promoted category after implementing the earlier direction of the Tribunal, then the employer can do so, but the reverted persons cannot claim any right to the promoted post." The authority complied with the order of the Tribunal so affirmed by the Apex Court and reverted the petitioner back to the feeder post along with others that became the subject matter of challenge before the Tribunal by the petitioner. Pertinent to note, petitioner was a party neither before the Administrative Tribunal nor the Apex Court. According to the petitioner, the factory manager promoted him as Chargeman, Grade -I in the scale of Rs. 5000/ - - Rs. 9000/ -. On March 15, 2005 petitioner filed application before the Tribunal being O.A. No. 507 of 2005 challenging the fixation of pay. He retired from service with effect from October 31, 2005, last pay drawn was Rs. 7950/ - (Basic) whereas according to him, his junior batch mates were getting Rs. 8500/ - at that time. The Tribunal expressed their inability to accede to his prayer. The Tribunal dismissed of his application vide order dated April 26, 2010. He was not happy. He approached us by filing the present application.
(2.) We heard the petitioner in person in support of his application. We also heard Md. Mokaram Hossain being assisted by Ms. Dalia Bhattacharya for the respondent.
(3.) From the judgment and order of the Tribunal we find that Tribunal noted the fact that the promotion earlier given to the petitioner was called back in view of the order of the Apex Court. The petitioners contended that his subsequent promotion that attracted lesser pay than his juniors, could not be proved. He could not furnish details to support his contention that his juniors had superseded him. The instances given by petitioners were considered by the Tribunal and the Tribunal found that those promotions were factory based promotions having a different channel and could not be equated with the petitioner.;