SUSHIL KUMAR CHOKHANI Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is wanting a retrospective promotion to the post of Architect from 1995 when according to him he became eligible for it. For this, he filed OA No. 1889/99 which was dismissed by CAT by order dated 10.2.2000. Hence this petition.

(2.) The post of Architect is to be filled up from two feeding channels viz. Deputy Architect (Group A post) possessing four years regular service and Assistant Architect (Group B) possessing eight years service under Central Architect Service Group A Recruitment Rules, 1989. Under Rule 7(5), if it cannot be filled up by promotion or by transfer on deputation, then it is to be filled up through commission from eligible persons under the Rules.

(3.) Petitioner, appointed Deputy Architect in 1990 became eligible for promotion to the post of Architect in 1995 but he was not promoted. He filed OA No.1889/99 seeking promotion on the plea that respondents had wrongly carried forward the vacancies of post of Architect from 1995 in contravention of recruitment rules and for non-availability of the eligible candidates from the feeding channel of Assistant Architect when under Rule 7(5), such available vacancies were to be filled up through commission from amongst eligible candidates.