- (1.) Petitioner has impugned the order dated 10.11.2004 passed by respondent No. 2 vide which promotional time bound scale after completion of nine years of regular service has been declined to the petitioner.
(2.) According to the petitioner in the year 1988 the respondent Board advertised posts of Internal Auditor. The petitioner was ultimately appointed on 10.11.1988 as Internal Auditor by way of direct recruitment. The petitioner cleared Departmental Examination S.A.S. Part-I. The respondent Board has framed a policy under which 75% of the future vacancies of Revenue Accountants and 25% of future vacancies of Accounts are filled from amongst S.A.S. Part I qualified officials who opted for the cadre of Revenue Accountants are filled up from amongst the unqualified Internal Auditors on seniority-cum-merit basis. Further with effect from 22.5.1995 Internal Auditors, who have qualified S.A.S. Part-I Examination have been allowed either to opt for the cadre of Divisional Accountant or Revenue Accountant. The pay Scale of Revenue Accountant and Divisional Accountant is the same as Rs. 6750-11050. First time bound scale after nine years of service in both the cadre is Rs. 7000-11750 and second Time Bound Pay Scale after completion of sixteen years of service, the pay scale is of 8550-14100. The petitioner after qualifying the S.A.S. Part-I Examination was appointed as Revenue Accountant with effect from 19.9.1994, as the petitioner opted for the same. With effect from 1.1.1996, the petitioner has been put in pay scale of Rs. 6750-11050 on the post of Revenue Accountant. On 22.5.1995, a circular was issued by respondent No.1, giving liberty to the Internal Auditor who have already been promoted as Revenue Accountant after qualifying S.A.S. Part-I Examination to opt for the cadre of Divisional Accountant with a rider that as a Divisional Accountant they will rank Junior to all those who have already been promoted as Divisional Accountants. The petitioner opted for the cadre of Divisional Accountant and accordingly, he was absorbed as Divisional Accountant with effect from 22.7.1996. As per finance circular No. 18/91, employees of the respondent-Board are entitled for time bound pay scale after completion of nine and sixteen years of service. The petitioner completed nine years of his regular service on 19.9.2003 and as such, he was entitled for Time Bound Pay Scale after completion of nine years of service. The case of the petitioner was recommended by respondent No. 3. Respondent No. 2 rejected the recommendation of respondent No. 3 vide impugned letter dated 10.11.2004 on the ground that petitioner has not completed nine years of service for the cadre of Divisional Accountant. The said order is liable to be set aside and petitioner be held entitled to time bound promotion on completion of nine years of service of 19.9.2003.
(3.) Notice of the petition was given to the respondents who filed reply denying the contents of the petition. It is pleaded that the petitioner himself gave his consent to the effect that he may be given nine years time bound pay scale from 22.7.2005 i.e. the day when he opted from new cadre of appointment by considering the post of Divisional Accountant as induction post. The petitioner opted for change of cadre from Revenue Accountant to the cadre of Divisional Accountant and he has been placed at the bottom to all those who had already promoted as Divisional Accountant, meaning thereby he will loose all benefits for the period he remained as Revenue Accountant before his change of cadre.;