JAVAHAR LAL CHAKRAVARTI Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is directed against an order and judgment dated 17.05.2000 passed by the Central Administrative Tribunal, Principal Bench (hereinafter referred to as 'the Tribunal' ) in O.A. No. 1067 of 1999 whereby and whereunder an original application filed by the petitioners herein claiming seniority over the private respondents herein was dismissed.

(2.) The petitioners were employees of Indian Trade Service. The terms and conditions of the petitioners are governed by rules made by the President in this behalf in exercise of his powers conferred upon him by the proviso appended to Article 309 of the Constitution of India ( in short, 'the Constitution' ) known as Indian Trade Service (Group 'A') Rules ( hereinafter referred to as 'the Rules' ).

(3.) The petitioners were promoted as Export Promotion Officers in the years 1983-84 in the Ministry of Commerce. The Export Promotion Officers Cadre in the said Ministry was merged with Central Trade Service (now known as Indian Trade Service) in the year 1988. In the aforementioned merged Cadre, the next promotion was of Group II and in terms of the said Rules as regards promotion to Group II, it was laid down :-