444 4 0 4 0 INTHE HIGH COUR1 OF PUNJAB AND HI1RYIINA 1e6 AT CHANDIGARH 1 6 CivilWrit PetitionN03222CAT of 2009 DateofDecisionlllll009 ChandigarhAdministration Petitionerthrough Shri RlRaina Advocate Versus 1 0 SKansal andothers 0 e nol in person 0 None forother I 0 CORAM1HONBLE THE CHIEF JUSTICE I HONBLEMRJUSTICE MAHESH GROVER Z 1 e r 0 4 1 Reporters of Local Newspapers may beallowedto I see 08 2 To bereferredto theReporters or not7 3 shouldbe iil theDigest2 OO V2 Z MaheshGroverJe By Vlrtue of this petitionunder Articles 226227 of tlle Constitutionof India the petitioner ie Administrationhas order dated 682008 passedby the Central Adininistrativc Tribuna Bench hereinafterdescribedas thellribunal It has the impactof the order pay scale of the post of Excise and TaxationCominissioner or short theAErCI with effectfrom 29111988 to 1561995alongwith other bene8ts to no The iinpugned order filrther entails remOxationof the Anita 2014.03.28 10: 44 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 445 0 41 of 2009 6 e b retiralduesof no whichexercisewas to be concludedwithiil a ofthreemonthsfromthedate ofa copythereof To the contentionsof the which were made the course of the facts of the case may be adverted to briefly 1 An by nol before the was 0 Tribunalwith a prayerto set asideordersdated1 2005 203 2006 and U I 62006 passedbyvarlouS functionaries of the vide which he C5 had beendenied the pay scaleof the postof AETC with effect form I 291988to156995 theperiodwhen he hadworkedon thatpost Z no who was working as Excise and Taxation0cer was as AETC vide ordersdated291 11988ofthe andhe I 08 thefunctionsofthat posttill 156 1995 It is to mention QO herethat thereexistedonly postof AETC in the one av Z Forthesakeof administrative Union Territory was ll divided 111fourrevenue districtsand in orderto man thesenewlycreated there seniormost Excise and Taxation Offlcers including nol were as AET in their own pay scale On 166 1995 no l was againstthe sanctioned of AETC beingthe senioremostamongstthe three so earlier He an beingONo794CH in thc year 2004 questioningthe ofthree as AETCs which was dismissedon 296 2 005 bythe Tribunal by the power of the Anita 2014.03.28 10: 44 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 446 0 CWN03222CAT of 2009 4 3e 1 petItloner to any personwithoutcreating any postof substantive nature andconfer of AETC to carry out duties111 orderto assisttheCommissionerof that area no l thercafter flledOANo 199mCHof 2007claiming arrears of pay for theperiodfrom 29111988 to 1561995 during which he hadbeen as A3C m r andhad carriedout such Olnctionsandthe same has now beenallowedby 0 the order whichhasgiven a cause to thc 0 I Learnedcounsel for the while the said C5 I orderhascontendedthatthe madeby no l were in the year 2005and the beforethe Tribunalwas inoved Z on 2062007 which was the periodof one year of the cause of CC actionaccruing to him and thereforethe Werc clearlyhit by I olj the law of limitation He furthercontendedthat even though 00 no l filed an which was dismissedon 792006 the saine couldnot 7 Z beconsideredtoconferthe periodof limitationin his favourfor thesimple fl reasonthatit was not a statutoryappeal andfor all intentsandputposes the stood determinedagainst him Leamed counselfor the further contendedthat even otherwise nol couldnot ae be thepayscale of the postof AETC as it was otconferment 1 of while him to functionin his own pay scaleand thisorder he had without the same or withoutraising any foi the entire periodfor which he worked as such and it is only aflerhe had been on regularbasison that postthat he raiscd such Anita 2014.03.28 10: 44 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 447 0 CWP1103222CATof 2009 40 4 t a demandln theyear 2005 H submittedthat ut tt fromany angle thedemandfor grantofpay scale of thepostof AJ5TC for thepcriod from to 1561995 havingbeen raisedaAerlapseofmore than was clearlyunreasonableandsincetheTribunalhas the the order can at best be tennedto be arbitraty 1 anddeserves to be set aside 0 hasputinappearanceand he hascontended C0 I thatthe has admittedin the replyto the originai tlle t5 fact that he had the dutiesof ATC duringthe period111 I andtherefore the cannot denyhitn thc payscalefor the questiOll Z for which he had workedas such He very fairlystatedbeforethis Q Court that even the order has him all the I a5 benefitsincluding the reefixationofhis pensionhe would be satisfied if onlyfinancialemolumentswith interestare paidto him for the 7 Z duringwhich he had his duties as ATC 80111 C 29111988 to 1561995 He on record his affidavit by way of Clvllllo7714of 2009 which has been allowed and in 2 thereofhe has statedas under 2 That I shall be satisfiedif I am paidflnancialemoluments with interestl for the periodI discllarged duties as AlTC iee from 29 11988 to 15061995 at the rate the othcr incumbentShAjitSingll 1ETC9 was paid We have heardthe leamed counsel for the and Anita 2014.03.28 10: 44 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 448 0 of 2009 d 5 P no l in personat some lengthandhave the orderas alsothe materialon record Thereis no dispute on facts The has statedthat no1 had his duties in tenns of the condillons mentionedln theordervidewhichhe was as A3C in the year 1 1988 The was to have this recourse of conferring 0 of AETC upon the and other sitniIarlysituoted 0 I personsin order to meet the of havingcrcated C5 I threerevenue districts to meet the worload of an city The had extractedwork froin 1101 Z fora periodwhichstretchedover a spanofsevenyearswhich andthattoo r be termedto be an ad hoc measure The thereforc can I c6 say that nol is not entitledto even the beneOt QO t ofthepayfor theperiodforwhichhe hadworkedas AETC The Tribunal 7 Z wasthus rightinnoticing thesefactsto grantthebenefitof payscaleof thc Om of AETC to nol for therelevant periodand its ftndings Oll thisaspectofthe matter are thereforeafflrmed However in so far as of other bencflts and the validity thereof is concerned we refrain froln as it would be unnecessaryto do so in view of the speciOc avermentmadeby nol in hisaffidavit the extractofwhich has been above wherebyhe has con6nedhis prayer onlyto the Onancialemolumentsfor the duringwhich he the duties Anita 2014.03.28 10: 44 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 449 0 CWNo3222CATof 2009 4e 0 of thepostof AETC thebasis of the above discussion thc writ pctitionlS On Tribunal 4C n14n 1 Te Sa 1 Mahesh Grovcr l Chie Justice Jtidge 1 NovemberI l 2009 0 SCN U I 0 I Z I c6 Qo 7 Z ll 1 e y1 921 l Anita 2014.03.28 10: 44 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document