DEVISINGH MEENA Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment of a Division Bench of the Gujarat High Court dismissing the writ petition filed by the appellant. His claim relates to the post of Senior Administrative Grade. He filed OA 245 of 2001 before the Central Administrative Tribunal, Ahmedabad Bench (for short the Tribunal). Before that he had moved OA 8639 of 1997 making the grievance that he was not granted the post of Chief Commercial Manager, Senior Administrative Grade from 1995. His stand was that the Minister of Railways had approved his promotion in the said grade, but the same was not given effect to by the respondents. OA was decided on merits by order dated 15.1.1999. While dismissing the OA, Tribunal had observed that the applicant was not entitled for promotion to the post of Chief Commercial Manager in the grade w.e.f. 1.1.1995. The appellant had preferred Special Civil Application No.10899 of 2000 before the Gujarat High Court and while dismissing the same, learned Single Judge had directed the respondents to decide the pending representation of the applicant for his promotion in the light of existing rules and regulations.

(3.) Subsequently, Misc. Application No.132 of 2001 was moved by the appellant in the said Special Civil Application which was also rejected by the Division Bench on 7.3.2001 in view of the appellant making a statement that he would proceed before the appropriate forum in respect of the challenge. A speaking order was passed by the competent authority on the representation. Therefore, OA No.245 of 2001 was filed. Subsequently, prayer in the OA was for setting aside the order dated 2.2.2001 passed by the Member, Railway Board and for direction to the Railways authorities to consider his case for promotion w.e.f. 1996.