UNION OF INDIA Vs. S K MANDAL

JUDGEMENT

(1.) The respondent herein joined services of the petitioner as a Junior Engineer (in short, 'J.E.') on or about 06.07.1974. Superceding his claim one Shri B.K. Roy was promoted to the post of Extra Assistant Director (in short, 'E.A.D.') on regular basis and later on promoted to the post of Assistant Director (in short 'A.D.') on 05.08.1985 and 18.12.1997 respectively. Such promotions had been granted to the said Shri B.K. Roy out of turn. As the respondent herein at the relevant point of time was posted in remote areas of Jammu & Kashmir and North Eastern Region, he was not aware of such out of turn promotion. Admittedly as soon as he came to know the fact that the said Shri B.K. Roy, who was junior to him had been given put of turn promotion, he made a representation. As his representation had not been favourably considered, he moved the Central Administrative Tribunal, Principal Bench, New Delhi (in short, 'the Tribunal') by way of filing an Original Application, which was registered as O.A. No. 1946 of 2000.

(2.) The aforesaid Original Application was disposed of by the learned Tribunal vide its impugned judgment dated 22.3.2001 whereby and whereunder it has been held that the respondent being a candidate belonging to Scheduled Caste category was entitled to be promoted from the date his junior was promoted, i.e., 30.9.1985. The respondents accepted their mistake and as such it was directed :-

(3.) Mr. D.S. Mahendru, the learned counsel appearing on behalf of the petitioner, would raise only one contention in support of this writ petition. The learned counsel would contend that the learned Tribunal committed an error in- sofar as it failed to take into consideration the Office Memorandum dated 10.4.1989 of the Department of Personnel & Training (in short, 'DOPT') wherein a clear embargo has been put in the matter of grant of arrears. The relevant portion of the said O.M. reads thus :-