UNION OF INDIA Vs. SARWAR ALI

JUDGEMENT

(1.) THE petitioners, Union of India, through the Secretary, Ministry of Railways & Ors., have challenged the order dated 5th December, 2008 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No.723/2008, titled as ,,Mr.Sarwar Ali, Chief Controller Train v. Union of India through the Secretary, Ministry of Railways & Ors., allowing the original application of the respondent and holding that there should be a separate assessment of the claims of the respondent for consideration for promotion to Group ,,B post to be held by petitioners No.2 and 3. It was further directed to the petitioners that if the respondent is found fit to be included in the list, he should be given an appropriate place in the list reckoning him as senior to the persons who were in the pay scale of Rs.6500-10500/-.

(2.) THE brief facts to comprehend the disputes between the parties are that the respondent challenged the order No.30 of 2007 dated 1st March, 2007 which was passed by the General Manager Personnel, Head Quarter Office, Allahabad whereby Sh.Basant Lal and Sh.Subodh Kumar Jain, who were juniors to the respondent were promoted to the post of AOM and were posted at Agra, thereby becoming immediate officers of the respondent.

(3.) HE claimed that he is entitled for consideration for promotion to Group B officer having the grade of Rs.7500-12000/-.