Judgement

SEN, J. :- This appeal by special leave directed against the judgment and order of the High Court of Delhi dated July 24, 1985 raises two questions, namely : (1) Was the Union of India justified in passing an order dated September 17, 1982 in terms of FR 25 declaring the appellant to be unfit to cross the efficiency bar as Assistant Engineer, Central Public Works Department at the stage of Rs. 590 in the pre-revised scale of pay of Rs. 350-590-EB-900 as from October 5, 1966? And (2) Is the appellant entitled to interest on the delayed payment of his pension?

2. This litigation has had a chequered career. The appellant who was an Assistant Engineer in the Central Public Works Department was placed under suspension pending a departmental enquiry under R. 12(2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 on September 3, 1959. He remained on suspension till May 25, 1970 when on repeated representations the Chief Engineer, Central Public Works Department revoked the order of suspension and he was reinstated in service. During the aforesaid period of suspension, adverse remarks in his confidential remarks for the period between April 1, 1957 and