THE UNION OF INDIA & ORS. VS. U.R. MEENA & ANR.

(D.B.CIVIL WRIT PETITION NO.1393/07)

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THE UNION OF INDIA & ORS. VS. U.R. MEENA & ANR.

(D.B.CIVIL WRIT PETITION NO.1393/07)

Dated:- 5.5.16.

HON'BLE MR.JUSTICE SANGEET LODHA

HON'BLE MR.JUSTICE KAILASH CHANDRA SHARMA

Mr.D.P.Dhaka on behalf of Mr.A.K.Rajvanshy, for the petitioners.

Mr.J.K.Mishra, for the respondent.

1.

This petition is directed against order dated 7.11.06 of the

Central Administrative Tribunal ('CAT'), Jodhpur Bench, whereby

the original application preferred by the first respondent

questioning the legality of the order dated 25.8.03 of Post

Master General ('PMG'), Jodhpur, rejecting the representation

made to allow higher pay scale of Rs.5000-8000 with effect from

the date he had completed 26 years of service, has been allowed

and accordingly, the petitioners have been directed to extend the

due benefits under Biennial Cadre Review ('BCR') Scheme to the

first respondent on completion of 26 years of service i.e. w.e.f.

26.4.02.

2.

The facts relevant are that with a view to providing relief to

the employees serving in the cadres Group 'C' and 'D', the

Government of India introduced a Scheme known as 'BCR',

under which the incumbents of existing posts would be entitled

THE UNION OF INDIA & ORS. VS. U.R. MEENA & ANR.

(D.B.CIVIL WRIT PETITION NO.1393/07)

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to draw pay in the higher pay scale on completion of 26 years of

satisfactory service. In this regard, instructions were issued

providing that benefits of the said Scheme would be granted on

the recommendation of the DPC to be convened on every first

January and first July of the year. Clause (viii) of the instructions

issued germane to the controversy involved in the present

petition reads as under:

“viii) The first Biennial Cadre Review for eligible officials

may be conducted immediately and orders issued before

31^st December.. Thereafter the Biennial Cadre Review for

eligible officials covering the period from 1.1.92 to

31.12.93 who will be completing 26 years of service or

more on the crucial dates viz. The date of the review

1.7.92, 1.1.93 and 1.7.93 may be conducted. The

number of posts needed to be upgraded to provide for

the promotions required immediatelyand on 1.7.92,

1.1.93 and 1.7.93 may also be worked out. With these

posts it would be possible to provide promotion to those

employee who have completed 26 years of service or

more on the above crucial dates subject to their

otherwise being found fit.”

3.

The first respondent who completed 26 years of service on

19.4.02 after taking into account 26 days period of leave without

pay became entitled for the said benefits w.e.f. 26.4.02,

however, he was extended the benefits from 1.7.02. The

representation made by the first respondent, raising the

grievance for grant of benefits w.e.f. 26.4.02, stood rejected by

PMG, Jodhpur, vide order dated 25.8.03. Aggrieved thereby, the

THE UNION OF INDIA & ORS. VS. U.R. MEENA & ANR.

(D.B.CIVIL WRIT PETITION NO.1393/07)

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first respondent preferred an Original Application before the CAT,

Jodhpur Bench, Jodhpur, which has been allowed in terms

indicated above. Hence, this petition.

4.

Learned counsel appearing for the petitioners contended

that as per the instructions of Director General Posts dated

11.10.91, the BCR review for eligible officials completing 26

years of service during the period from 1^st January to 30^th June

and 1^st of July to 31^st December, were to be conducted on 1^st July

and 1^st January respectively and since, the first respondent

completed 26 years of service in April, 02, was rightly extended

benefits under BCR Scheme w.e.f. 1^st of July, 02. Relying upon

the clause (viii) of the instructions noticed hereinabove, learned

counsel submitted that the CAT has read something in the

instructions, which is not there. Learned counsel would submit

that