YASH PAL SODHI S/O I DASS SODHI Vs. UNION OF INDIA

JUDGEMENT

(1.) THROUGH this OA applicant has sought promotion to the post of Office Superintendent Grade-I (OS-I) (Rs.6500-10500) from the date of its vacancy, besides release of dual charge allowance from 1998.

(2.) Earlier on applicant had filed OA No. 3094/2002, which was disposed of vide order dated 27.11.2002 directing respondent No. 2 to consider applicant�s representation dated 14.9.2002 and pass an appropriate speaking order within a period of three months. Respondents have passed such orders vide Annexure A-1 dated 14.2.2003 rejecting applicant�s claims. As regards promotion to the post of OS-I, respondents have stated that applicant�s ACRs for the years 2000-01 and 2001-02 are not found up to the mark, and also that his working report for the current year, i.e., 2002-03 was also not found satisfactory. As regards applicant�s entitlement for dual charge allowance it has been stated that there are five posts of clerks as per sanctioned strength and all of them are manned. As such, applicant had already been advised that he would not be entitled to dual charge allowance. Applicant has challenged Annexure A-1 dated 14.2.2003.

(3.) ON the other hand, the learned Counsel of respondents stated that vide Annexure R-I dated 15.6.1996, applicant was promoted to officiate as OS-II grade. Thus, he became eligible for consideration for promotion to the post of OS-I from 15.6.1998 after completion of two years as OS-II. The learned Counsel further pointed out that there is only one post of OS-I in scale Rs. `6500-10500 and as per Annexure R-IV dated 11.1.2002 applicant was considered but not promoted as such as his ACRs for the period 2000-01 and 2001-02 were not up to the mark and his working report for the year 2002-03 was also not satisfactory.