RAM NARAIN Vs. MANJIT SINGH AHLUWALIA

JUDGEMENT

(1.) An order of the Central Administrative Tribunal, Principal Bench, New Delhi dated 10.03.1999 passed in O.A. No 555 of 1993 is in question in this writ petition whereby and whereunder the Original Application filed by the unofficial respondent herein was allowed.

(2.) In the aforementioned Original Application, the appellant, i.e., unofficial respondent herein had inter alia questioned an order dated 04.05.1992 in terms whereof Shri Ram Narain, i.e., the petitioner herein was promoted to the post of Senior Refrigeration Mechanic HS-I in the scale of pay of Rs.1320-30-1560-EB-40-2040 on the ground that he was a Scheduled Caste category candidate, which could be effected in the reserved category quota. The short question involved in this writ petition is as to whether such an assumption was correct.

(3.) Before the learned Tribunal as also before us, the petitioner or the official respondents had not produced any record to show as to how and in what manner 40 Points Roster for grant of promotion to the reserved category candidates had been followed. The learned Tribunal having regard to the conduct of the official respondents herein drew an adverse inference to the effect that had such roster been produced, the same would not have supported their plea. The learned Tribunal had also taken into consideration the fact that the specific cause of the applicant/unofficial respondent is that respondent No. 5 being a Union leader was promoted out of the way and upon a protest made in this behalf, his promotion was cancelled. Despite the same he again on a different pretext had been promoted.