D S MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner is aggrieved by a judgment and order dated 29th February 2000 passed by the Central Administrative Tribunal, Principal Bench, New Delhi dismissing his O.A. No. 1667/96. For convenience, the Central Administrative Tribunal is hereinafter referred to as the Tribunal.

(2.) The submission of the Petitioner in brief is that he has been working on an ad hoc basis as an Assistant Director in the Directorate of Adult Education since 27th May 1989. He says that he was regularly promoted to this post on the basis of the recommendations of the Departmental Promotions Committee held by the Union Public Service Commission, but the promotion was erroneously made with effect from 4th January 1995. According to the Petitioner he is entitled to regular promotion to the post of Assistant Director with effect from 27th May 1989, the date when he was first appointed as such.

(3.) The case made out by the Petitioner is that his promotion to the post of Assistant Director is against a regular vacancy created by the promotion of V.K. Asthana to the post of Joint Director with effect from 29th September 1988. Since the promotion of the Petitioner is against a regular vacancy, he is entitled to be regularized from the date of his promotion, that is, 27th May 1989. The Petitioner has placed reliance on a notification dated 7th June 1989 wherein it is stated that amongst others, V.K. Asthana is appointed on a regular basis in the grade of Joint Director from the date of his appointment, that is, 29th September 1988.