Grant of annual increment

Appointment order of petitioner had condition with regard to his entitlement to annual increments till his regular appointment as Accountant to qualify the Departmental Accountants Examination

Petitioner could not qualify the prescribed departmental examination passing of which was must to get annual increment as per terms and conditions of his service

Petitioner was aware of such condition necessary for enabling him to get annual increments and he applied for its exemption but same was not granted to him

Employee had brought the issue of grant of annual increments to the Authority at a very belated stage till his availing the VSS package

Such was fatal to the case of petitioner as law had enjoined aggrieved persons to avail the legal forum for redressal of their grievances within the prescribed and reasonable time

No discrimination had been pointed out by the petitioner

Constitutional petition was dismissed, in circumstances.

Appellant who was appointed as Civil Judge in BPS-17 in the year 1988, claimed that in the last week of March, 2008, it came to his notice that he was not granted first ever increment with effect from 31-12-1988; that he upon said knowledge applied for grant of the same on 31-3-2008 (after about 20 years) before competent Authority

Appellant nowhere in his appeal or at the arguments stage had explained the position as to how he got the knowledge and information at the belated stage (after 20 years)

Appellant being a Judicial Officer, conscious of the fact, must have filed an application for condonation of delay, but no such application was filed

By no stretch of imagination such a long period and careless attitude of the appellant could be condoned

Each and every day was to be explained from the cause of action, but same had not been done

Appellant, otherwise could not take the benefit of R.26(b) of Fundamental Rules, as he was not having six months service at a stage in the relevant scale.