NANAK CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is directed against a judgment and order dated 22/09/1999 passed by the Central Administrative Tribunal ("CAT" for short) Principal Bench in OA No. 2519/94 whereby and whereunder the original application fied by the petitioner was dismissed.

(2.) The fact of the matter lies in a very narrow compass. Claiming the same pay and arrears as of the respondents No. 4 and 5, the petitioner filed an original application which was marked as OA No. 1294/89. The learned Tribunal came to ther conclusion that he had been denied reasonable opportunity to appear at the trade test which resulted in his belated promotion as a result whereof the persons who were junior to him got promotion as also the higher pay. However, having regard to the fact that the petitioner approached the Tribunal after a long time, his claim for arrears of pay or monetary benefits had been denied. The said application was allowed by the Tribunal with the direction that the petitioner's pay should be determined as if he had passed the trade test along with his juniors in February 1976 with all consequential benefits with retrospective effect corresponding to the dates of promotion.

(3.) Admittedly, said the judgment and order of the learned Tribunal was implemented. However, thereafter another seniority list was prepared in respect of the master craftsman and respondents No. 4 and 5 were promoted in the said post prior to the petitioner. Pursuant to and in furtherance of order dated 22nd October 1991, he claimed seniority over the Respondent No. 4 and 5. Having regard to the decision of the Tribunal dated 22/10/1991 in the said OA No. 1294/89, the petitioner filed another Original Application claiming seniority over the respondents No. 4 and 5 on the post of master craftsman w.e.f. 1/03/1993. The said petition was dismissed on the ground that the petitioner, although qualified the suitability test for promotion on 16/12/1994, but failed to appear therefor.