UNION OF INDIA Vs. CENTRAL ADMINISTRATION TRIBUNAL

JUDGEMENT

(1.) Interpretation of the proviso appended to Rule 20 of Indian Civil Accounts Service (Group-A) Recruitment Rules, 1977 is involved in this writ petition which arises out of the judgment and order dated 4.6.1997 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, in O.A. No. 1930 of 1992.

(2.) In the, year 1990, the second respondent was working as Pay & Accounts Officer 'Group B'. He was considered for promotion under proviso to Rule 20(l)(ii) of the said Rules. Other officers similarly situated who. were either junior or senior to him were also considered. One Mohinder Singh and S.S. lyer, who were Junior to respondent No.2 were allegedly found more meritorious by the UPSC and they were thus included in the panel, whereas name of respondent No.2 did not find place therein. The said officers were promoted on 9.10.1990. Questioning the said order, the O.A. was filed by the second respondent and by reason of the impugned judgment the learned Tribunal allowed the same.

(3.) Ms Pinki Anand, counsel appearing for the petitioner, would contend that the learned Tribunal was not correct in holding that promotion to higher post in terms of the aforementioned rule is automatic and no selection process is involved therein. Learned counsel would contend that the Tribunal in its impugned judgment misread the proviso appended to sub rule (1) of Rule 20.