MANIKANT GAIROLA S/O SHRI SHAMBHU PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the learned Counsel for the parties.

(2.) Applicant, who is assailing the action of the respondents by non-grant of pay scale attached to the post of General Manager in the canteen, which has been designated as Type 2A by the DOPT, states that applicant having formally been appointed to the post in 1987 and after having rendered the work, the up gradation would have to be deemed and in such a way, he cannot be deprived of the pay scale attached to the post of which duties and responsibilities have been discharged by the applicant.

(3.) RESPONDENTS learned Counsel has vehemently opposed the contentions but insofar as consideration of the erstwhile communication dated 18.3.2005 has not satisfactorily explained its consideration in the order passed on 30.9.2005. While a public functionary though vested with a discretion when decides on administrative side a right of the government servant, yet it does not absolve him from acting in a judicious manner. A judicious manner would not be apparent unless the materials in the files have been meticulously considered. The Deputy Director has not taken any decision and the decision by his successor, which is contradictory has been arrived, lacks application of mind.