^t^^- BEFORE SHE HIGH COURT OF CHH^TSISGARH W»P» mo. ^€'SJ~/2QQ3 BII.ASPUR i Petitioner /' .>•:< .^•-^" '•('^-••••" ^ Respendents /' ,.^ . / .e':\\' ••!}' ^ '^ ^ Ni Shtva Prasad^ aged abowfc 5© years^ S/o SIari K.S< Sabbarao» Jmiior Engineer^ Ceatral Ground Water Board^ Divisioa No» 13< 3?alibandha Naka, Raipur, Chhattisgarh R/o 54/1043» Shanti Tihar, ©aagania, Raipur« vs. l* ¥nion of ladia, A» through the Secretary to the Ministry of Water Resourees, Govt» of India, New Delhi. "^y^ <y ^<si% B^ Throtigh the Secretary to the Ministry of Home AffAirs^ (BehabilitatiOB ©ivisioB) ^ Qovt^ of Is^dia^ Mew ©elhi^ 2. Cliief Engiaeer & Member^ Central Qrouod ^a-fcer Boax^^ through its Gtoij^iian^ H»M^4^ Faridabad^ (H^ryana) ^' ^ WRIT PESITIOK XJ^DER__ ^ITICLB 2216 & 22J^OF THE CGNS'PITUTION AGAIHST THE JDDGEHEHT OF 1'HE CEEITRAL ADMINISI^ATIVE SRIBUHM*, JABALPUR BEHOi L-.--.-...- HLGhLCOURT OF CHHATTISGARH AT BILASPUR W.P.No.2051 of 2003 PetitJoner Respondents K. Shiva Prasad Versus Union of India & Another Writ Petition under Article 226 & 227 of the Constitution of Indla DB: Hon'ble Shri Justice I.M. Quddusi & Hon'ble Shri Justice N. K. Aaarwal. Present : Shri Anup Majumdar, Advocate forthe petit|oner. , Smt. Fouzia Mirza, Asstt. Soiicitor General for respondents. ORAL ORDER (Passed on 26th day ofAugust, 2010) Perl.M.Quddusi,J. This writ petition has been filed against the impugned judgment and order passed by the Central Administrative Tribunal (for short 'CAT'), Jabalpur Bench on 28.03.2003 in OA No. 923/97. The OA was filed by the petitioner seeking relief to grant him the pay scale of Rs. 1640-2900 w.e.f, 01.01 .1986 and pay scale of Rs. 2000-3500 w.e.f. 26.03.1991. The petitioner was given appointment by fhe Dandkaranya Development Authority (hereinafter referred to as 'the Authority') in Dandkaranya project in the year 1976, but hls service was regularized w.e.f. 23.081979 and he was made permanent w.e.f. 02.11.1982. Thereafter, he was declared surplus w.e.f. forenoon 01.03.1988 byorder dated 27.02.1988 passed by the Authority, and subsequently, he was absorbed in Central Ground Water Board (hereinafter referred to as 'Board') I- ^.^^ !i^.._ :? ...^' \;' \J 4. as Junior Engineer in the then pay scale of Rs. 1400-2300 vide order dated 04.07.1988 where he joined on 09.08.1988. The Government of India issued a circular dated 22.03.1991 by which two higher grades were prescribed as under: "(i). Rs. 1640-2900- On eompletion of 5 years of service in entry grade, effective from 01.01.1986. Not to be treated as promotiona! but non-functional. (ii) Rs. 2000-3500- On completion of 15 years of total service as Junior Engjneer, effective from 01.01.1991. Personal promotion on fitness basis." 5. Thereafter, it appears that, the Go\/t. of India, Ministry ofWater Resources, Central Ground Water Board, Faridabad, on 04.06.1991 wrote a letter to Deputy Secretary (G\AO,h4inistn/ of Water Resources, New Delhi, forwardjng 16 names .for up- gradation of pay scale for 75% posts Junior Engineers, but at that time, the petitioner had completed two years and nine months and not five years from the date ofjoining in the Board, and therefore, he was not granted higher grade. The petitioner though claims that his services should be counted from the date of appointment in the Authority and he shouid have been granted higher grade w.e.f. 01 .01.1986, but to our view, he was declared surplus w.e.f. 01.03.1988 and he joined new organization i.e. Central Ground Water Board, and for that reason, his appointment for the purpose of granting higher grade was counted from the date of appointment in the Board. However, benefit for counting past services were given at the .^^-^. .^'S'L. "\ ^-^i 1 \ j .'^, .^.' :"^:^I~3^-'V Sahu @) time of absorption for the purpose of provlding pensionary benefits only. However, we feel that the petitioner was denled consideration of up-gradation from the date he actually completed five years of service, and therefore, circuiar dated 22.03.1991, issued by the Government of India, should have been complied in case of petitioner as soon as he completed five years of service in the Board. Therefore, we allowed this petition in part with a direction to the respondents to consider the up-gradation of the scale of the petitioner on completion of five years of service in the Board. No order asto costs. Sd/- I.M. Quddusi Judge Sd/- N. K. Agarwal Judge lil K