ORDER

By Hon’ble Mrs. Pratima K. Gupta, Member (J):-

This is the second round of litigation initiated by the present applicant. Earlier the applicant approached this Tribunal in OA No.539/2010 seeking quashing and setting aside of impugned order dated 06.07.2009, whereby the representation of the applicant was rejected by the respondents. The applicant had also challenged the recommendations of the DPC dated 04.08.2008, wherein, as alleged by him, certain officials were being promoted, though they were not eligible for promotion. This OA was allowed by the Tribunal on 15.11.2010, passing the following orders :-

“8. In the light of the above we are of the considered opinion that the DPC for regular promotions has been conducted in contravention of the instructions of the Department of Personnel and Training, adverted to above and its recommendations cannot be sustained. A natural corollary of this is that the Respondents have to be directed to convene a review DPC to consider the Applicant for promotion the instructions contained in the Office Memorandum dated 08.02.2002 and Office Memorandum dated 09.04.1996, already referred to above. The impugned order dated 06.07.2009 is quashed and set aside. The Respondents are directed to comply with the above directions as early as possible, but not later than four weeks from the receipt of a certified copy of this order. No costs.

9. Before we part with this order, it may be mentioned that the Respondents have tried to mislead this Tribunal by stating that the DPCS, both for regular promotions as well as for in situ promotions have followed the instructions of 03.06.2008. On scrutiny it was found to be contrary to the facts. We strongly deprecate such tendency on the part of the Respondents.”

2. As the respondents did not comply with the aforesaid order dated 15.11.2010 passed by the Tribunal, the applicant was persuaded to file a Contempt Petition No.211/2011. The CP was closed by an Order dated

21.03.2011, with a direction to the respondents to implement the order in OA within a period of two weeks from that day. In compliance of the Order of this Tribunal, the respondents issued an order dated 03.09.2012, whereby the applicant was granted Pay Band-4 of Rs.37,400-67,000 /- with Grade Pay of Rs.10,000/- on regular basis w.e.f. 15.01.2009 i.e. the date when the 1985 batch took over as Grade-III on the basis of approval of ACC. However, the applicant was not paid the arrears of pay and allowances from the relevant date i.e. 15.01.2009. In spite of repeated requests, the respondents did not take any steps and vide letter dated

09.05.2013, they communicated that matters of arrears of pay and allowances w.e.f. 15.01.2009 shall be decided by DACS and Personnel Division. Thereafter, on 22.01.2016, the respondents sought advice of the DOP&T on the said issue and by the impugned Memorandum dated

04.05.2016, it was communicated to the applicant that the arrears for the period 15.01.2009 to 29.07.2011 would not be admissible to him on the ground that his case for payment of arrears and allowances with effect from the relevant period could not be processed as per para 18.4.3 of the DOP&T OM dated 10.04.1989. Aggrieved by the same, applicant has preferred the instant OA seeking the following relief(s) :-

“(a) Set aside and quash Memorandum No.2/25/91-Pers.5-VI-6671 dt. 04.05.2016.

(b) Direct the Respondents to pay arrears of pay and allowances w.e.f. 15.01.2009 to 29.07.2011 to the Applicant for the rank of Joint Secretary.

(c) Direct the Respondents to pay the Applicant all the benefits along with interest @ 18% PA from the date the amount became due till the date of realization.

(d) Take necessary action against the Respondents for wrongly depriving the arrears of the pay and allowances to the Applicant with retrospective effect from 15.01.2009 to 29.07.2011 and for violation of promotion order.

(e)