KAUSHIK CHANDA - (1.) LEARNED advocate, appears for the respondents and accepts notice of this writ application on behalf of the respondents.
(2.) THIS is an application under Article 226 of the Constitution of India challenging an order dated June 3, 2011 passed by the Central Administrative Tribunal, Calcutta Bench, in Original Application No. 216 of 2008. The petitioner was appointed as a Peon in Farakka Barrage Project. The authorities invited applications for appointment to the post of lower division clerk. The petitioner was appointed as a lower division clerk on June 2, 1972 on condition that he would produce his educational certificate. The petitioner produced his educational certificate, which was proved to be fake. Therefore, on June 15, 1987, the disciplinary authority reverted the petitioner from the post of lower division clerk to the post of peon.
(3.) AN appeal was taken before the appellate authority. The appellate authority modified the order of the disciplinary authority and permitted the petitioner to continue in the post of lower division clerk, but allowed him to draw the minimum salary in the scale. It was, further, stipulated that he would not get increments till he produced his educational certificate. Ultimately, in May 2002, the petitioner passed the Secondary School Examination from the National Open School. The Executive Engineer fixed the pay of the petitioner in the post of lower division clerk with effect from June 27, 2002. The petitioner made a representation seeking notional increment from the date of his joining in the post of lower division clerk. He cited examples of some similarly circumstanced employees, who got notional benefits.;