
CHANDIGARH, May 24: A bench of the Central Administrative Tribunal, comprising judicial member Jasbir S. Dhaliwal and administrative member V. K. Majotra, upheld the claim of Mangal Dass Bhasin, commercial officer under general manager, Telecom quot;Dquot;, Chandigarh Telecom Circle, for antedating his date of promotion and pay fixation.
The applicant contended that promotion to TES Group B is 100 per cent by promotion, out of which 2/3 rd promotion is as per seniority and fitness, and 1/3rd is on the basis of departmental examination. He appeared in the departmental examination in 1981 and at that time, vacancies for both quotas were available. The examination was cancelled and held again in 1982 but for certain reasons the result was declared only in 1985. Having qualified the test, the applicant was given seniority in TES Group quot;Bquot; from the year 1981 but promotion was made effective from 1985 when the actual promotion orders were passed.
The Tribunal accepted the applicant8217;s plea and directed the department to fix the pay of the applicant in TES Group quot;Bquot; with effect from May 11, 1981, up to the date of actual promotion in the year 1985, and thereafter, to re-fix the pay up-to-date. The Tribunal ordered that the applicant be given the actual benefits of this revision of pay scale by working out the difference payable with effect from the date of his representation, i.e. January 29, 1997, up to the date of payment. It was made clear that the applicant shall not be entitled to the arrears from May 11, 1981, up to 1985, for which period he shall be given notional promotion and his period is to be used to re-fix his pay on the basis of notional promotion with effect from 1981.