VINOD KUMAR SANGAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) We have heard the appellant who is appearing in person and the learned counsel for the respondents.

(3.) The appellant joined the Geological Survey of India (for short 'gsi') as Drilling Assistant on 12/7/1965. The said post was re-designated as Junior Technical Assistant. As per recommendation of the Departmental Promotion Committee (for short 'the DPC') , by order dated 12/11/1978, he was promoted and posted as Senior Technical Assistant in the North-Eastern Region at Shillong. The appellant requested for a posting in the central Region at Nagpur itself but the said request was not accepted. The said promotion of the appellant was kept open for the appellant to join at Shillong Office till 22/2/1980 on which date the said offer was cancelled by the competent authority. In August 1980 the appellant was granted ad hoc promotion to the post of Senior Technical Assistant and he was posted in the central Region at Nagpur. He continued to hold the said post till the order dated 18/2/1985 whereby he was reverted to the post of Junior Technical Assistant with effect from 28/2/1985. The said order of reversion was passed on account of the appellant having not been selected for promotion on regular basis to the post of Senior Technical Assistant by the DPC which met in 1985. Feeling aggrieved by the said order of reversion the appellant filed a writ petition (Writ Petition No. 395 of 1985 in the High court at Bombay, Nagpur bench. The said writ petition was transferred to the central Administrative tribunal, Bombay bench (hereinafter referred to as "the tribunal") and it was registered as Transfer Petition No. 343 of 1987. Before the tribunal the appellant submitted that according to the Rules the DPC should meet every year but in the present case the DPC did not meet during the period from 1979 to 1984 and, therefore, proceedings of the DPC which met in 1985 were liable to be quashed. The tribunal, however, rejected the said contention and dismissed the said petition by judgment, dated 8/8/1990. Feeling aggrieved by the said judgment of the tribunal the appellant has filed this appeal.