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RAVI NATH TILHARI, NYAPATHY VIJAY
Superintendent of Railway Mail Service Vijayawada – Appellant
Versus
A. Mrutyumjaya Rao – Respondent
ORDER :
Ravi Nath Tilhari, J.
Heard Sri Sridhar Tummalapudi, learned Central Government Counsel, for the petitioners and Sri P.Venkata Rama Sarma, learned counsel for the respondent.
2. This Writ Petition under Article 226 of the Constitution of India is filed by the Union of India and others, challenging the order of the Central Administrative Tribunal, Hyderabad Bench, Hyderabad(in short ‘the Tribunal’), dated 21.09.2011 in O.A.No.100 of 2006 filed by the respondent herein.
3. The Tribunal ordered that the respondent shall be permitted to draw the pay scale of HSG-1 i.e. Rs.6500-200- Rs.10,500 from 1st October, 2004 to 31st May, 2005 and he shall also be entitled to all the consequential payments and arrears of pay and allowances and all the retiral benefits, accordingly. The Tribunal provided that the entire exercise shall be completed within a period of three months from the date of receipt of a copy of that order.
4. The respondent, Sri A.Mrutyumjaya Rao, was recruited as Sorting Assistant with effect from 18.08.1964. While working as Sorting Assistant in R.M.S. ‘Y’ Division, he was given 1st Financial Upgradation under Time Bound One Promotion Scheme (TBOP), after completion of 16
Officiating in a higher post does not grant entitlement to associated benefits unless the individual meets the promotion criteria.
An employee discharging duties of a higher post is entitled to pay and allowances for that position, regardless of the absence of formal promotion orders. Delay in processing claims does not nullify ....
The court established that administrative delays should not penalize employees eligible for promotion based on effective orders, reinforcing the principle of timely implementation of government direc....
(1) Promotion – Promotion only becomes effective upon assumption of duties on promotional post and not on the date of occurrence of vacancy or the date of recommendation – Right to be considered for ....
Employees are not entitled to back wages for notional promotions without actual performance of duties on respective posts.
The method of appointment, whether by promotion or transfer, is crucial in determining the entitlement to a higher scale of pay as Time Bound Higher Grade, as stipulated in the Pay Revision Order.
Promotion rights are determined by the rules in force at the time of consideration, not by outdated rules at the time of vacancy creation.
Pensionary benefits cannot be based on temporary officiation in a higher grade; only the salary for the officiated period is applicable.
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