- (1.) C.M. No. 1382-CWP of 2016 Heard. The application is allowed as prayed for. 1. The Writ Petitioners have challenged the dismissal of their application praying for a direction to the respondents to grant Lateral Advancement, treating their notional service from 1.4.1992 to 31.3.2004 as regular service.
(2.) The Writ Petitioners have contended that they were initially appointed to the post of Telegraph Assistants on 22.9.1981 and 23.11.1981 respectively. Later on, the cadre of Telegraph Assistant was merged into JTO w.e.f. 01.04.1992. The Ministry of Communications, Department of Telecommunications, issued a scheme on 26.6.1990 known as Lateral Advancement Scheme for JTOs for giving them higher grade of Rs. 2000-3500 on completion of 12 years of service.
(3.) The petitioners who were eligible for promotion to the post of ASTT appeared in the departmental competitive examination. As promotion was denied to them, the Writ Petitioners approached the Central Administrative Tribunal, Chandigarh Bench with O.A. NO. 1006-HR-1993 which was allowed in their favour on 21.2.1997. As per the directions issued in the above case, the petitioners were notionally promoted as ASTT w.e.f. 1.4.1992. Actual benefits were accorded to them from 1.11.1993. The cadre of ASTT was merged with the cadre of JTO and as such the petitioners were treated as JTOs. The respondents framed Lateral Advancement Scheme for JTOs for giving them higher grade of Rs. 2000-3500 on completion of 12 years of service. The petitioners having contended that they have completed 12 years of service from 1.4.1992, submitted representations for according Lateral Advancement. The representation submitted by the Writ Petitioners was rejected on 16.7.2012 on the ground that they have not actually worked on the post of JTO for 12 years. In other words, notional promotion with effect from 1.4.1992 does not entitle the petitioners to claim the benefit.;