BALKRISHNA UDEBHANJI NARNAWARE Vs. UNION OF INDIA

JUDGEMENT

(1.) AGGRIEVED by the order dated 13.8.1999 rejecting his representation dated 26.12.1998 the applicant has preferred the present O.A.

(2.) The case of the applicant in brief is that he was appointed as a Clerk in the scale of Rs. 975-1660/- (pre-revised Rs. 260-480). He was given in situ promotion on 8.6.1987 in the scale of Rs. 1400-2300/-. He was thereafter given a local officiating promotion as Complaint Inspector in the same scale of Rs. 1400-2300/- on 23.11.1990 but his pay was not fixed under FR 22-C [now FR 22(1)(a)(I)]. He was subsequently promoted as Sub Divisional Inspector (Posts) from 3.6.1991 on regular basis. This has resulted in denial of legitimate fixation of pay.

(3.) WE have heard the learned lawyer on behalf of both the parties. The basic question is as to whether an employee who is initially given in situ Time Bound Promotion and is subsequently promoted to a functional is entitled to fixation of pay under FR 21(1) (a) (i) on one or both the occasions. If he is entitled to such a pay fixation on one occasion only then on which of the two occasions.