MIRZA MUZAFFER BEG Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has challenged the order dated 3rd March, 2011, passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No. 2046/2005 titled as "Mirza Muzaffar Beg Vs. UOI through the General Manager, Northern Railway and Ors." rejecting the plea of the petitioner to quash the upgradation order dated 11th August, 2004 upgrading the respondent Nos. 4 to 6 on the post of Master Craftsman and declining the plea of the petitioner to be upgraded to the said post and to place him at Sl. No. 26 -A in the seniority list dated 8th October, 2003/18th October, 2003. The respondent Nos. 1 to 3, however, were directed to conduct an exercise to ascertain as to whether there has been creation of new posts in the cadre of Technicians to which the petitioner belongs, pursuant to the restructuring, and if it had resulted in the creation of new posts, then to apply reservation, if it had not been applied already. The Tribunal by impugned order dated 3rd March, 2011, gave the following direction: -

(2.) RELEVANT facts to comprehend the disputes for adjudication of the present petition are that the petitioner had been appointed as Apprentice Fitter on 22nd May, 1982. Thereafter, the petitioner was promoted as Fitter (Grade -III) in November, 1983 and as Fitter (Grade II) on 1st March, 1993. The petitioner was also further promoted to the post of Fitter (Grade -I) on 20th March, 1995 in the pay scale of Rs. 4,500 -7000/ -.Whereas, respondent Nos. 4 to 6 were appointed as Khalasis on 12th June, 1982, 29th May, 1982 and 9th June, 1982 respectively. They were also promoted as Fitter (Grade -III) on 15th November, 1989, 15th November, 1989 and 27th February, 1990 respectively.

(3.) HOWEVER , the respondent Nos. 4 to 6 were promoted as Fitter (Grade -II) and Fitter (Grade -I) on 22nd July, 1992 and 27th December, 1994 respectively, prior to promotion of the petitioner to the said post.