V K JAIN Vs. UOI

JUDGEMENT

(1.) , J.

(2.) THE petitioner is aggrieved by the order dated 12.09.2002 passed in OA No.1750/2000 by the Central Administrative Tribunal, Principal Bench, New Delhi. THE facts are that the petitioner had joined the Indian Railways as an Apprentice in the year 1973. Subsequently, he was appointed as an Assistant Transportation Manager w.e.f. 02.11.1983 which is a Group ,,B post and was promoted to a Group ,,A post in Senior Times Scale on ad hoc basis. While he was so working, he was inducted into Group ,,A Junior Scale by a notification dated 22.07.1992. THE petitioner represented to the Secretary, Ministry of Railways to the effect that his induction to the Group ,,A post should be regularized against the vacancy of the year 1985 instead of the actual induction in 1992. THE representation of the petitioner had been rejected on the plea that his promotion w.e.f. 01.06.1992 had been done as his name had been approved by the Union Public Service Commission in 1992 itself.

(3.) FROM the above conclusions, we find that the Tribunal has not discussed the situation where the delay is unexplained. The Tribunal has also only considered the case where there are no mala-fides on the part of the department. In other words, the Tribunal did not at all consider a situation where there are no mala-fides on the part of the department but the delay is unexplained with regard to holding of the DPC.