RAM KRISHNA SHARMA Vs. U.O.I.

JUDGEMENT

(1.) The petitioner has approached this Court by way of filing a writ petition aggrieved from the order passed by the Central Administrative Tribunal dated 23.5.2007 whereby the Central Administrative Tribunal dismissed the application of the petitioner being OA No. 623/2006 seeking direction to the second respondent to further promote the petitioner on notional basis as Director (Scientist D) and further direct payment of pay and allowances for the said post on the ground that he became eligible for promotion to the post of Director (Scientist D) in view of the decision of the Central Administrative Tribunal in OA No. 1958/2002 decided on 12th August, 2002 whereby he had been given seniority for the post of Meteorologist Grade I w.e.f. 1.10.1997 and which made him eligible for further promotion to the post of Director (Scientist D) in view of having completed four years in service in the said grade before his retirement. It was his case that his promotion for the post of Director (Scientist D) became due with effect from 1.10.1998 i.e. prior to the date of his retirement.

(2.) However, the Tribunal dismissed the application filed by the petitioner holding that since the promotion to the post of Director (Scientist D) as per Flexible Complementing Scheme (FCS) had to be prospective and the petitioner was no more in service, he was not entitled for further promotion though he was eligible for the said post.

(3.) Briefly stating, the facts giving rise to the filing of this petition are; that the petitioner was appointed as Professional Assistant in the office of second respondent with effect from 21.03.1983 against the Direct Recruitment quota and thereafter, was promoted as Assistant Meteorologist Gr.-I vide order dated 05.01.2001 with effect from 08.01.2001 & since then he had been working on the said post till the date of his retirement. His further promotion to the post of Meteorologist Gr.-I remained in dispute due to litigation between Direct recruits & Promotees, which lis was decided only after the retirement of the petitioner i.e. in October, 2003 after filing of OA No. 1958/2002 which was decided on 12.08.2002.