LAWS(KAR)-2015-12-282

UNION OF INDIA Vs. GOPU MOGERA

Decided On December 14, 2015
UNION OF INDIA Appellant
V/S
GOPU MOGERA Respondents

JUDGEMENT

(1.) The order passed by the Central Administrative Tribunal, Bangalore Bench, Bangalore in Review Application No.18 of 2013 in O.A.No.273 of 2008 is called in question in these Writ Petitions.

(2.) The records reveal that the respondents herein joined the service under the petitioners as Seaman in the year 1977-78. Respondent Nos. 1 to 3 were promoted to the post of Sukhani in the year 1990 and respondent No.4 was promoted to the post of Sukhani in the year 1999. Since they were not granted further promotion, they were given the benefit of II Assured Career Progression Scheme (II-ACP) on completion of 24 years of service with effect from 2001. Such order of granting the benefit of II-ACP to the respondents 1 to 4 was sought to be withdrawn by order dated 4.7.2008 by the Commissioner of Central Excise, Bangalore 560 001. The said order dated 4.7.2008 was questioned before the Central Administrative Tribunal in O.A.No.273/2008, which came to be allowed by the order dated 23rd September 2011 as per Annexure-D. The said order dated 23.09.2011 passed by the Central Administrative Tribunal in O.A.No.273/2008 was questioned before this Court in W.P.No.13060/2012. This Court disposed of the said Writ Petition by the order dated 10th September 2012 by following observations.

(3.) Pursuant to the aforementioned observations, the petitioners herein filed a Review Application in No.18/2013 before the Central Administrative Tribunal, Bangalore Bench, Bangalore, which came to be dismissed on 8th May 2013. The said order is assailed in these Writ Petitions.