The Court dismissed a challenge to Central Administrative Tribunal orders granting financial up-gradation under the ACP Scheme of 1999. The order relied on the final judgment of Budhi Singh Dhiman where similar relief was granted. No merit was found in the petition.
The petition is dismissed.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.21609 of 2011 (O&M) Date of Decision : 22.11.2011
Union of India & others
... Petitioners
versus
Chandigarh Administrative Tribunal & another ... Respondents
CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA
Present : Mr. P.C.Goyal, Advocate for the petitioners. ****
Permod Kohli, J.(Oral)
This petition is directed against the orders dated 08.03.2011(Annexure P-3) and 08.07.2011 (Annexure P-5) passed by Central Administrative Tribunal (hereinafter referred as 'Tribunal') Chandigarh Bench, Chandigarh in OA No.473/Pb. of 2009 and RA No.51 of 2011 respectively.
Briefly stated, the facts necessary for disposal of the present petition are that respondent No.2 filed an OA before the Tribunal claiming financial up-gradation under the ACP Scheme of 1999. He claimed the first financial up-gradation in the scale of ` 6,500-10,500/- and second up-gradation in the pay scale of 7,45011,500/-. The Tribunal vide impugned judgment allowed the claim of respondent No.2 on the basis of earlier judgment of the Tribunal in the case of Budhi Singh Dhiman & another vs. Union of India &
others. A review filed against the judgment dated 08.03.2011 has also been dismissed.
We have heard learned counsel for the petitioners and
CWP No.21609 of 2011 (O&M) -2-
perused the orders passed by the Tribunal. It is not in dispute that Budhi Singh Dhiman's judgment relied upon by the Tribunal, has attained finality. The case of respondent No.2 was squarely covered by the aforesaid judgment as held by the Tribunal. Not only that Budhi Singh Dhiman's judgment has attained finality, it has been implemented by the appellant therein and the relief has been granted to the beneficiary of the judgment. We do not find any exception to the findings of the Tribunal. No merit.
Dismissed.
(Permod Kohli) Judge
November 22, 2011 (Tejinder Singh Dhindsa) sonia Judge
2 issues framed by the court
Whether the Challenge Writ Petition against the Tribunal orders up-gradation of pay scales is tenable?
Whether the findings of the Tribunal relying on the precedent of Budhi Singh Dhiman are free from exception?
Colour shows how this judgement treated each authority
Budhi Singh Dhiman & another vs. Union of India & othersFollowed¶11
Budhi Singh Dhiman & another vs. Union of India & others
Union of India & others
Chandigarh Administrative Tribunal & another
Permod Kohli
Tejinder Singh Dhindsa
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
