MOHD. VAHEED KHAN Vs. CENTRAL ADMINISTRATIVE TRIBUNAL, CHANDIGARH BENCH, CHANDIGARH
LAWS(P&H)-2014-3-102
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 19,2014

Mohd. Vaheed Khan Appellant
VERSUS
Central Administrative Tribunal, Chandigarh Bench, Chandigarh and Others Respondents

JUDGEMENT

Sanjay Kishan Kaul, C.J. - (1.) THE petitioner is aggrieved by the impugned order of the Central Administrative Tribunal, Chandigarh Bench dated 25.09.2000 in O.A. No. 354 -HR of 1998 and two other connected O.As to the extent that while allowing the prayer of the original applicants seeking appointment as Assistant Supervisor Telegraph Traffic (in short A.S.T.T.), the monetary benefits qua the applicants have been restricted to the period post the date of the order. The petitioner and the other original applicants were working in the Telegraph Wing of Haryana Telecom Circle as Telegraphist since designated as Senior T.O.A. (Telegraphy) and after rendering five years' service became eligible to appear in the departmental competitive examination for the post of A.S.T.T. now designated as Telegraph Traffic Supervisor against 75% departmental quota. It was their case that the minimum marks were obtained by them in the qualifying examination, while their juniors were promoted, they were not so promoted.
(2.) IN a similar case in O.A. No. 1006 -HR of 1993 decided on 21.02.1997, relief had been granted and Special Leave Petition had been dismissed by the Hon'ble Supreme Court. In the aforesaid circumstances, the Tribunal observed as under in the operative paragraph of the impugned order: - The applicants in these three cases are now primarily seeking that they are entitled to appointment as A.S.T.T. as candidates lower in merit than them have been appointed as A.S.T.T. The contention has merit. Candidates lower in merit of the competitive examination have been admittedly offered appointment as A.S.T.T. The applicants, thus, are entitled to appointment as A.S.T.T. being higher in merit. The OAs are, thus, allowed and the applicants shall be promoted and given all the notional benefits as were granted to the applicants in the earlier O.A. No. 1006 -HR of 1993. They shall, however, be paid their salaries in the upgraded post of A.S.T.T. from the date of this order and not from the date of filing of the OAs as they approached this Tribunal quite late and after the decision of the said earlier O.A. The order shall be implemented within three months from the date of receipt thereof by the respondents. The parties shall, however, bear their own costs.
(3.) IT appears that while the two other original applicants accepted the judgment, the petitioner is still not satisfied as he seeks the financial benefit from the date his juniors were promoted. The alternative submission advanced before us by learned counsel for the petitioner is that it should be made available at least from the date of filing of the O.A. In this behalf, learned counsel relies upon the judgment of the Division Bench of this Court in Rattan Singh Vs. The State of Haryana, : 1995 (1) PLR 274, where observations have been made that when judgment is in rem and the Court has granted relief to a large number of similarly situated employees, it is expected from a welfare State to apply those decisions to all similarly situated persons without compelling them to knock the doors of the Courts which amounts to wastage of time and public money.;


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