- (1.) Instant petition is directed against order of the Central Administrative Tribunal dt. 21.11.2003. The petitioner who retired from service from the post which he substantively held of Typist lateron died on 04.03.2011 and his legal representatives have been brought on record.
(2.) Brief facts of the case culled out from the material on record are that the petitioner joined service as a Typist and was asked to officiate on the post of Stenographer vide order dt. 15.02.1978 and vide later order dt. 12.06.1978 he was paid special allowance @ Rs. 30/- for the additional duties being discharged by him of the post of Stenographer and he remained attached to the higher post of Stenographer since 1978-89 on his shoulders and for the period he worked and discharged the work of higher post he was paid special allowance @ Rs. 30/- which is the requirement of Rules. It is not disputed that the post of Stenographer is not a promotional post from Typist and in the ordinary course while the petitioner joined service as a Typist he could not have been considered for promotion on the post of Stenographer on which he was associated and paid allowance @ Rs. 30/- as special allowance. His grievance was that as he worked on the post attached to the higher scale of Stenographer for the period from 1978-1989 on his shoulders, he is entitled to be fixed in the pay scale of Stenographer and the arrears of the post of which duties being discharged by him.
(3.) It may not be relevant that earlier he filed application u/S. 33(c)(2) of the Industrial Disputes Act, 1947 before the learned Labour Court and that came to be challenged by the respondents in a writ petition No. 1015/1997 and the order of the learned Labour Court passed on an application u/S. 33(c)(2) of the Act, 1947 was set aside by the learned Single Judge of this Court vide order dt. 29.10.2001 and it was held that such an application before the learned Labour Court was not maintainable and even on appeal came to be preferred by the petitioner No. 311/2002 the Division Bench of this Court disposed of the appeal vide order dt. 15.04.2002 and granted liberty to the petitioner of filing application before the learned Tribunal at the same it was also observed that it may not come in his way and the learned Tribunal may independently examine and decide in accordance with law.;