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2005 DIGILAW 295 (ORI)

Aurobindo Dutta Ray v. Union of India

2005-05-02

I.M.QUDDUSI, N.PRUSTY

body2005
ORDER 2.5.2005 Heard Shri G.A.R. Dora, learned counsel for the petitioner and Shri J. K. Biswal, learned Standing Counsel (Central). 2. This writ application has been filed against the judg¬ment and order dated 11.2.2004 passed by the Central Administra¬tive Tribunal, Cuttack Bench, Cuttack, in O.A. No.5888 of 2000. 3. The petitioner was initially engaged as producer Grade-II under the Ministry of Information and Broadcasting on 1.8.1977 on contract basis and subsequently he was regularised with effect form the said date i.e. 1.8.1977. In the meantime, the Government have framed the Rules as ‘Indian Broadcasting (Programme) Rules, 1990’. In Scheduled-V appended to the said Rules, the procedure for promotion to the Grade of Junior Time Scale Programme Offi¬cer, has been indicated. 4. When the promotion was denied to the petitioner he filed O.A. before the Tribunal. The Tribunal granted relief to the petitioner to the effect that the case of the petitioner for promotion to the Junior Time Scale be considered as stipulated in Scheduled-V depending upon the vacancies available in that Grade/Cadre within a period of three months form the date of communication of the order. The Tribunal further directed that if the respondents take such decision by giving promotion retrospec¬tively to the petitioner who has already retired form service, the petitioner shall be paid all the arrears salaries and also the revised pension on the basis of such scale of pay which would be fixed by them. 5. Learned counsel for the petitioner has urged that the Tribunal has not considered that there is provision for granting Senior Time Scale automatically after completion of five years of service in Junior Time Scale and, therefore, it has committed manifest error of law in not directing for consideration of the case of the petitioner for grant of Senior Time Scale Pay in his favour after fulfilling the conditions laid down in the Rules. 6. Considering the facts and circumstances of the case, we feel that once an order has been passed by the Tribunal that the petitioner shall be considered for grant of Junior Time Scale retrospectively, it is obvious that in case he is found to have fulfilled the conditions for grant of Senior Time Scale, he shall be entitled to get the same also retrospectively. However, we make it clear that in that situation the respondents will award consequential benefits also including next promotion or grant of Senior Time Scale on the eligibility of the petitioner, as the case may be, though it has not been specifically ordered by the Tribunal. The writ application is disposed of accordingly. The time as specified by the Tribunal shall be counted after the date of this judgment. Application disposed of.