UOI & ORS. Vs. MISRI LAL

JUDGEMENT

(1.) ON the subject of entitled to be retrospectively promoted, reviewing various decision, being 10 in number pronounced by the Supreme Court, and in respect of which a Division Bench of this Court was noticing that different Benches of the Central Administrative Tribunal were reaching different conclusion, on April 12, 2013 a Division Bench of this Court of which Pradeep Nandrajog, J. was a Member of, had decided a batch of writ petitions, lead matter being WP(C) No. 8102/2012 UOI & Anr. vs. K.L. Taneja & Ors. in which following decision were noted: -

(2.) THUS , the issue of retrospective promotion has to be decided by looking at the applicable promotion rules, for if such a power exists, the issue would reach a different destination vis -a -vis a destination reached if no such power exists. Further, facts would have to be seen which led to DPCs not being held each year.

(3.) PERMITTING the parties to file supplementary pleadings disclosing facts having a bearing as to what resulted in DPCs not being held within time, as also to bring on record the relevant promotion rules, we dispose of the writ petition quashing the impugned order dated October 14, 2011. We restore O.A. No. 2979/2010 with a direction that the same shall be re -decided keeping in view the law declared by this Court on April 12, 2013 in WP(C) 8102/2012.