A.V. Chandrashekara, J.

1. Present writ petition is filed under Articles 226 and 227 of the Constitution of India challenging the order dated 21.03.2014 passed in Original Application No. 563/2013 which was pending on the file of the Central Administrative Tribunal, Bangalore Bench, Bangalore.

2. Petitioners herein were the respondents in the said petition. Respondent herein was the appellant in the said case. Parties will be referred to as the applicant and respondents as per their ranking given in the Central Administrative Tribunal (hereinafter referred to as the 'Tribunal').

3. Facts leading to the filing of this petition by the respondent herein before the Tribunal are as follows:

Applicant joined the Mail Motor Service in the Postal Department in March 1991. He was promoted as driver Grade-III on 01.02.1996. Subsequently, he was promoted as Driver Grade-II with effect from 21.02.2005. The Government of India introduced a promotion scheme to the Staff Car Drivers with the graded structure similar to the one provided by the Ministry of Railways vide G.I. Dept. of Per. & Trg. O.M. No. 22036/1/96/92-Estt. (D) dated 27.07.1995. The said scheme categorized the post of drivers into four categories namely:

a) Ordinary Grade in the scale of Rs. 3,050-4,590

b) Grade-II in the scale Rs. 4,000-Rs. 6,000

c) Grade-I in the scale Rs. 4,500-Rs. 7,000 and

d) Special Grade in the scale Rs. 5,000-Rs. 8,000

The total posts of drivers among the above four categories were apportioned and the ordinary grade was provided 30% Grade-II 30%, Grade-I 35% and Special Grade 5%. Each grade also provided specific period of regular service for being eligible to be promoted to the next cadre. The method of appointments to the post in Grade-II and Grade-I of Staff Drivers was by promotion on non selection i.e., seniority-cum-fitness basis and subject to passing of a Trade test of appropriate standard as prescribed. The said scheme was brought into force from 08.11.1996.

4. On the basis of the recommendation of the Departmental Promotion Committee (DPC), the applicant i.e., respondent herein was promoted as Driver Grade-II from Grade-III in the pay scale of Rs. 4,000-100-6000 to come into effect from 21.02.2005 by an order issued on 19.04.2007. The said promotion is forthcoming in Annexure 'A-1' While the applicant was enjoying the benefit of the said scale, a notice was issued to him vide Annexure 'A-2' dated 12.01.2013 calling upon him to submit his representation as to why the date of his promotion to Driver Grade-II from 21.02.2005 should not be revised to 19.04.2007 and consequently, effect recovery of Rs. 85,699/- which was stated to be paid in excess of his eligibility. This memo vide Annexure 'A-2' was issued as a sequel to the decision taken by the Chief Post Master General, Karnataka Circle, for review of promotion allowed, since 2003 in respect of MMS Drivers.

5. The applicant did not submit any representation as he felt that it was a futile exercise, more particularly, when a decision had already been taken by the authorities. in question. Later on, Manager, Mail Motor Service Bangalore, issued an order on 11.06.2013 vide Annexure 'A3' revising the date of promotion of the application to be in force from 19.04.2007 instead of 21.02.2005 and thereby ordered for recovery of Rs. 85,699/- which was paid in excess. Hence, the applicant approached the Central Administrative Tribunal challenging the said order issued to him on 11.06.2013 vide Annexure 'A-3'.

6. It had been contended before the Tribunal that his promotion to the post of Grade-II driver with effect from 21.02.2005 was in fact, contrary to the order bearing No. G.I., Dept. of Per. and Trg., O.M. No. 43019/54/96-Estt. (D) dated 13.02.2002. According to him, the said order dated 13.02.2002 states that the modified promotion scheme for staff Car drivers based on the pattern prevailing in Railways would take effect from 08.11.1996. Hence, he had questioned the decision of the Post Master General. H