P K PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is preferred by the petitioner under Article 226 of the Constitution of India impugning the orders dated 29th February, 2000 passed by the Central Administrative Tribunal (hereinafter referred to as ,,the Tribunal) in O.A. No. 1284/1997. The aforesaid O.A. was preferred by the petitioner herein under Section 19 of the Central Administrative Act seeking certain reliefs. The Tribunal has dismissed the O.A. of the petitioner on the ground of limitation as well as on merits. Before we spell out the grievances which were raised by the petitioner in the said O.A., we deem it proper to take stock of the relevant facts.

(2.) RESPONDENT No.3 (Dr. Usha Yadav) joined Guru Nanak Eye 23rd 24th Centre on November, 1984. Office Order dated November, 1984 was issued in this respect stipulating that the appointment was to the post of Specialist, Grade-II post of Assistant Professor (Ophthalmology), LNJP Hospital, New Delhi in Teaching Specialist Sub-Cadre of the Central Health Service (CHS). We may like to point out at this stage that respondent no.3 was appointed by the Government of NCT of Delhi and was posted at the aforesaid hospital which is being run by the Delhi Government.

(3.) THE cases of these Assistant Professors for further promotion to the post of Professor were considered by the Department and vide orders dated 21st May, 1993. Twelve persons were promoted as Professors. THE name of the respondent no.3 did not find mention therein. However, thereafter, presumably on the representation of the respondent no.3 a special Departmental Promotion Committee was convened and the respondent no.3 was given promotion to the post of Professor w.e.f. 23rd November, 1992 vide orders dated 26th October, 1994. THE petitioner also got promoted to the post of Professor by non-selection method (time bound promotion after 8 years) w.e.f. 3rd December, 1993 vide orders dated 19th June, 1995.