Vijay Verma vs Union of India and Others

Instant petition has been filed against the order of Tribunal dt. 16.4.2010. The petitioner filed OA before the Tribunal with the grievance that he is holding the post of Assistant Computer Programmer with effect from 1.4.2003 and the respondent may be directed to fix him in the pay-scale of Assistant Computer Programmer and pay arrears of the said post along with other consequential benefit flowing thereof. After reply came to be filed by respondent it came on record that petitioner was appointed on the post of Data Entry Operator in the pay-scale of 5000-8000 but was later on transferred from his parent division on the same post and grade to join Mechanical Department, North Western Zone, Jaipur on 31.3.2003 obviously on the same post and pay-scale which he was holding at the time of transfer.

It reveals from the record that as there was no post available of Data Entry Operator as such he was allowed to adjust and continue on the post of Assistant Computer Programmer for some time and that appears to be the basis for filing OA before the Tribunal to claim benefits of the post held by him and accordingly the Tribunal held that as he was never appointed on the post of Assistant Computer Programmer as such is not entitled to claim the arrears of pay-scale of the post of Assistant Computer Programmer and accordingly dismissed the OA under order impugned.

The main thrust of counsel for petitioner is that he was working against the post of Assistant Computer Programmer and he is entitled to benefit of post of held and as such there is error apparent in the order impugned.

Counsel for respondent supported the finding of the Tribunal and submits that the petitioner was never appointed on the said post of Assistant Computer Programmer, however, on the pay-scale on which he was fixed and substantially held the post of Data Entry Operator he was paid all his dues but on the post on which he was never appointed at least arrears of pay could not be claimed by him.

Learned Tribunal recorded the finding after hearing the parties that in absence of incumbent being not appointed on the post Assistant Computer Programmer at least pay and arrears cannot be claimed and we conquer with the finding of the Tribunal that substantial post held by petitioner was of Data Entry Operator and he was never appointed or promoted on the post of Assistant Computer Programmer. In our considered view he is not entitled to claim salary and arrears of the post of Assistant Computer Programmer moreso when it came on record that on the post of Data Entry Operator he was substantially appointed and we do not find any error in the finding recorded by the Tribunal which requires interference. Consequently, the writ petition devoid of merit and accordingly dismissed.