V RAGHUWAIYA Vs. UNION OF INDIA

JUDGEMENT

(1.) CHALLENGE in this petition is to the order dated 16.09.2009, whereby the original application of the petitioners for grant of seniority with effect from the back date i.e. on the respondent No. 3 was promoted, was rejected by the Central Administrative Tribunal, (for short 'the CAT') Jabalpur Bench, Jabalpur.

(2.) THE facts, in brief, are that petitioner No. 1 and 2 were appointed on 21.12.1988 and 22.08.1988 respectively on the post of Inspector, Central Excise. In the seniority list, the name of the petitioners was shown at serial No. 310 and 131 respectively, and the name of the respondent No. 3 was shown at serial No. 314. According to the petitioner, the criteria for promotion to the post of Superintendent, Central Excise, (for short 'SCE') was seniority-cum-fitness. A Departmental Promotion Committee (for short 'the DPC') meeting was held in the year 2002 and thereafter, a review DPC meeting was held on 10.04.2003,wherein the respondent No. 3, being the junior, was promoted to the post of SCE. THE petitioners could not be promoted and as such, they were superceded. THEreafter, the petitioners were promoted on 15.10.007 and 16.09.2009, respectively. Being aggrieved, the petitioners preferred an original application before the CAT on the sole ground that the petitioners belong to scheduled tribe category and there should be some liberalized attitude in case of SC/ST candidates, relying on O.M. No.36012/23/96-Estt. (Res) Vol.II, dated 03.10.2000 (Annexure P/6).

(3.) WE have perused the minutes of the review DPC held on 10.04.2003 (Annexure P/8). On perusal of the minutes of the said review DPC, it is evident that the has adopted the following criteria: