- (1.) This petition filed under Article 226 of the Constitution praying for issuance of direction to the respondent to consider the claim of the petitioner for promotion from the post of Assistant Engineer to that of Assistant Executive Engineer with effect from the date persons junior to him were promoted on June 30, 1999 (P-3). Another prayer made by the petitioner is that the recovery of the benefits which were paid to him in lieu of the senior scale, amounting to Rs. 48,166/- be not effected from him as he did not conceal or mislead any fact to the respondent.
(2.) Brief background facts would be necessary for disposal of the instant petition. The petitioner was appointed as Line Superintendent on December 8, 1965 and he was promoted as Assistant Engineer on September 1, 1985 on adhoc basis. His promotion was regularized as Assistant Engineer on April 10, 1990. He was granted the pay scale of Rs. 14300-18300/- by counting the period from September 1, 1985 on September 1, 1997. On account of the fact that the adhoc period from September 1, 1985 to April 10, 1990 was not to be counted for 12 years period required for release of senior scale, the recovery is sought to be made for the over-payment to the extent of Rs. 48,166/-, as the petitioner was granted the senior scale/ selection grade of Rs. 14300-18300/- w.e.f. April 9, 2002. It is also the case of the petitioner that a charge-sheet was issued to him on October 10, 1997 and on that account a number of persons junior to him were considered and promoted on June 30, 1999 (P-3). It is appropriate to mention that the petitioner stands at seniority No. 1063 whereas on June 30, 1999 (P-3) persons junior to him in the seniority list like Mr. O.P. Chhabra, (1065), Mr. Ram Niwas Rohilla (1070), Mr. Inder Muni Jain (1071), Mr. Vinod Kumar Tandon (1075) and Mr. Kesho Ram (1079) were promoted. The case of the petitioner was deferred for promotion presumably on the ground that charge-sheet dated October 10, 1997, for imposition of major penalty was pending against him.
(3.) In the written statement it remains undisputed that the respondent after considering the reply filed by the petitioner to the charge sheet dated October 10, 1997 had decided to drop the charges against the petitioner on March 28, 2002 (P-4). It has, however, been pointed out that another charge-sheet dated November 27, 1997 was decided against the petitioner on May 19, 1999 in which the petitioner was censured and an amount of Rs. 1477.40/- being 40% of Rs. 3693.52 alongwith 18% interest were recovered from the petitioner. On account of the aforementioned charge-sheet which was pending on June 30, 1999, the case of the petitioner was not considered. In the meanwhile, the petitioner has retired from service on December 31, 2003.;