UNION OF INDIA Vs. MARY NIRMAL SEN

JUDGEMENT

(1.) By the impugned order dated 6.1.2010, the Central Administrative Tribunal, in O.A.No.165/2008 virtually directed the petitioners to promote the respondent with retrospective effect notionally for the purpose fixation of pay in respect of higher post w.e.f. 1.5.2006.

(2.) The records reveal that the respondent was working as Junior Scientific Officer ('JSO' for short) in the Office of the 4th petitioner. As per the seniority list of JSOs. as on 1.10.2004, the respondent was placed at Sl.No.23. The next promotional cadre for JSO is Senior Scientific Officer ('SSO Grade-II' for short). The promotion needs to be effected in terms of Schedule-I of SRO 172, dated 27.4.2002. As per the provisions therein, the respondent had become eligible for promotion after completion of two years of service in JSO Grade. Promotion is to be effected on chain vacancy basis. The grievance of the respondent is that she was not promoted as and when the post fell vacant; and as and when she became eligible.

(3.) As aforementioned, the respondent has retired on 30.11.2006. Undisputedly, the respondent's name was found at Sl.No.23 in the seniority list of JSOs. as on 1.10.2004. The names of Sri G.L.Garg and Sri P.K.Charles were found at Sl.Nos.17 and 18 respectively in the said seniority list. Thus, it is clear that the said G.L.Garg and P.K.Charles are seniors to the respondent.