IMPORTANT POINT
Officiating in a higher post does not grant entitlement to associated benefits unless the individual meets the promotion criteria.

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 years of service w.e.f. 30.11.1983 vide Memo No.B-1/48-1, dated 15.08.1984. He was given the 2nd financial upgradation under BCR Scheme after completion of 26 years of service w.e.f. 01.10.1991 vide Memo No.B-1/4-1/BCR, dated 13.03.1992. Thereafter, the respondent was promoted to the cadre of Lower Selection Grade(‘L.S.G’, in short) w.e.f. 01.07.2001 vide order dated 24.10.2003, in pursuance of the instructions of the Director General (Posts), New Delhi vide letter No.4-16/2002- SPB.II, dated 12.11.2002 and Chief Postmaster General, Andhra Pradesh Circle, Hyderabad, letter No.ST/10-1/1997, dated 08.09.2003 conveyed through the Postmaster General, Vijayawada, vide letter No.ST-1/FTP/RMS dated 12.09.2003. While working as Norm Based LSG SA HRO RMS ‘Y’ Division, Vijayawada, the respondent was ordered, vide letter of the Senior Superintendent, RMS ‘Y’ Division, Vijayawada, dated 29.09.2004, to work as Higher Selection Grade-I(HSG-I), Head Record Officer, RMS ‘Y’ Division, Vijayawada in the leave vacancy of Sri B.K.Partha Sarathi, the regular incumbent, HSG-I Head Record Officer, RMS ‘Y’ Division, Vijayawada w.e.f. 04.10.2004. The respondent officiated as HSG-1 Head Record Officer during the period from 04.10.2004 to 03.12.2004. He also officiated in the same post during the period from 06.12.2004 to 31.05.2005 as the regular incumbent of the said post retired from service voluntarily. The respondent finally retired from service on 31.05.2005 on superannuation, while officiating as Head Record Officer (HSGI). The pensionary benefits of the respondent were calculated, fixed, drawn and paid without taking into account the pay drawn by the official in HSG-1 scale during the period from 01.10.2004 to 31.05.2005 as he was not promoted to HSG-1 cadre on regular basis and did not fulfill the prescribed eligibility condition for promotion to the cadre of HSG-1.

5. During the course of inspection of the office of the Superintendent, RMS ‘Y’ Division, Vijayawada by the Internal Check Party(ICP), in March, 2006, an objection with respect to payment of allowances during the respondent’s officiated period, in excess of Rs.4,243/- and for recovery was placed. The letters dated 28.03.2006 and 09.08.2006 were issued to the respondent for recovery from his pension in four monthly instalments.

6. The respondent filed O.A. for the following reliefs:

i) to call for the relevant records from the respondents leading to the issue of the following impugned orders:

a) No.ST/RMS/HSG-1/04 dated 27.07.2005 (Annexure - A.XVI) of R-3 denying him pension and other retiral benefits based on the pay actually drawn and paid to him during the 10 months prior to his superannuation on 31.05.2005;

b)No.1056/Pen.No.III/C.No.477/04-05/PPONo.16987/ LPR dt. 25.05.2005 (Annexure-A.XI) of R-5:

c)No.1053