JUDGMENT :

Harish Tandon, J.

The present appeal raises an important and significant issue pertaining to the powers of the Comptroller and Auditor General (CAG) under Article 148 (5) of the Constitution of India vis-à-vis the power of the President under Article 309 of the Constitution of India.

2. Before we proceed to decide the aforesaid point the salient facts of the case are required to be adumbrated hereinafter. The petitioner herein was appointed as a Junior Hindi Translator on 26.9.2000 in the office of the Director-General of Commercial Audit & Ex-Officio Member Audit Board-II, Kolkata under the Indian Audit and Accounts Department. Subsequently, the writ petitioner was offered promotion as Hindi Officer in the Grade Pay of Rs. 4800 in PB-2 on the basis of an Office Order no. 132 dated 17.10.2011 and was made permanent in the said posts. The petitioner started raising the dispute immediately thereafter being promoted to the post of Hindi Officer at the Grade Pay of Rs. 4800 in PB-2 by making a representation on 3.11.2011 claiming that the post of the Hindi Officer is equivalent and identical to the post of the Assistant Director (OL) for which a Grade Pay of Rs. 5400 at PB-3