- (1.) Instant intra-court appeal has been filed against order of the ld.Single Judge dt.04.12.2012.
(2.) The facts, in brief, which are relevant for the present purpose are that the present appellant was initially appointed as Conductor in service on 25.07.1986 and first selection scale, which is granted to an employee on completion of nine years of service, was granted to him w.e.f. 02.02.2002 vide order dt.01.04.2003 and the second selection scale which became due on completion of 18 years of service was granted to him vide order dt.27.07.2007 w.e.f. 02.02.2007 but that came to be unilaterally withdrawn vide order dt.03.07.2009 and that was the subject matter of challenge in writ petition and disposed of with the directions to the authorities to afford him a liberty of hearing and appropriate orders may be passed accordingly.
(3.) In compliance of the order of the court, the liberty was afforded to the petitioner-appellant and after affording opportunity of hearing & written explanation, order came to be passed thereafter on 29.08.2012 (Ann.13) and it was noticed that the appellant was punished on three different occasions for separate delinquency committed by him vide orders dt.27.08.2001 i.e. (1) vide Order No.1018 dt.27.08.2001 he was punished with the penalty of withholding of two Annual Grade Increments without cumulative effect and fine of Rs.4000/-; (2) vide Order No.1019 dt.27.08.2001 he was punished with the penalty of withholding of one Annual Grade Increment without cumulative effect and fine of Rs.500/-; & (3) vide Order No.1020 dt.27.08.2001 he was imposed with fine of Rs.1020/- and also remained suspended for a period of 195 days and taking note thereof and the nature of delinquency and punishments imposed upon the appellant, he was granted second selection scale on completion of 18 years of service i.e. from 07.02.2012 vide order dt.29.08.2012 (Ann.13) which was subject matter of challenge by filing writ petition before this court and the ld.Single Judge after taking note of the submissions made upheld the decision of the corporation in granting second selection scale to the appellant-petitioner w.e.f. 07.02.2012 after adjudging his overall suitability vide order dt.24.09.2012 and liberty was granted to recover the excess payment made to the appellant, pursuant to order dt.24.09.2012.;