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2017 Supreme(SC) 106

DIPAK MISRA, UDAY UMESH LALIT
Mohammed Ansari – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant :- R.V. Kameshwaran, Advocate.
For the Respondent:- D.S. Mahra, Advocate.

JUDGMENT

Dipak Misra, J.

The appellant was appointed as an Assistant Executive Engineer (E&M) vide order dated 03.06.1985 in Border Roads Engineering Services (BRES) by the competent authority of the Government of India, Ministry of Shipping and Transport. In due course, he was promoted to the post of Executive Engineer (E&M) on 30.05.1997 and thereafter promoted to the grade of Superintending Engineer (E&M) in General Reserve Engineering Force (GREF) of Border Roads Organization in the pay scale of Rs.12000-375-16500/-with effect from the date he assumes the charge of the post. The appellant after completion of more than requisite years of service was not granted non-functional financial upgradation for officers of Organised Group A and that compelled him to make representation to the concerned authorities but the same were turned down on the ground that he had not fulfilled the stipulated command posting of two years. Being aggrieved by the said communication, the appellant preferred Original Application No. 102 of 2012 before the Central Administrative Tribunal, Guwahati Bench, Guwahati.

2. The respondent filed a preliminary objection regarding jurisdiction of the tribunal. The


















































































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