JAIPAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The applicants vide application dated 1.12.1989 have challenged the action of the respondents in giving promotion to SC/ST candidates to certain categories over and above the percentage of 15/o for SC and 7 1/2 for ST respectively. By way of relief, the applicants have sought that the respondents may be directed :

(2.) After hearing the learned counsel for the applicants on 5.12.1989, notice was issued to the respondents on admission of the O.A., returnable on 18.12.1989. The Tribunal also directed the respondents to make promotions, if any, strictly in accordance with the directions contained in the order passed by the Hon'ble Supreme Court on 21. 12.1984 (Page 34 of the paper book) as an interim measure. The respondents were further directed "to maintain the Status Quo as of today" so far as promotions to the post of Guards 'A' (Special) are concerned.

(3.) On 18.12.1989, learned counsel for the applicants stated that he wanted to amend the application so as to include the representations, made by the applicants to the respondents to seek redressal of their greivance. While the prayer to add representations in the 0.A. was allowed by January 4, 1990, the interim order passed on 5.12.1989 was vacated by the Tribunal as no impugned order was either submitted with the O.A. or produced on 18.12.1989. In the hearing on 8.1.1990 the learned counsel for the respondents 1 and 2 Shri O.N. Moolri and learned counsel for the respondents 3 and 5 Shri G.D. Bhandari contended that the amended application filed by the learned counsel for the applicants besides incorporating the representations made as permitted by the Tribunal, has made large scale amendments to the O.A. which change the very character of the original application. Learned Counsel for the applicants was, therefore, directed to file a proper application seeking to make various amendments to the O.A. in accordance with the procedure. Accordingly, learned counsel for the applicants filed a Misc. Petition 100/1990 on 9.1.1990.