P.P.VERMA Vs. CHIEF SECRETARY

JUDGEMENT

(1.) THE petitioner in this petition has sought the following reliefs: "Issue a writ in the nature of certiorari quashing the order dated 14.10.2011 & 18.01.2012 passed by Ms.Manjulika Gautam (Administrative Member) and Mr.M.L.Chauhan (Judicial Member) of Principal Bench of Central Administrative Tribunal, New Delhi and allow the O.A.No.383/2011 by upholding the judgment dated 14.10.2011 passed by Sh.George Pracken (judicial Member). (b) Issue a writ of mandamus or any other appropriate writ or direction or order, quashing and setting aside the order dated 06.08.2010 passed by the respondents and direct the respondent to Promote the petitioner to the post of Assistant Director of Education (PE & NI) w.e.f. 01.12.2007 with all consequential benefits including arrears of pay.

(2.) VIDE order dated October 14, 2011 the Member (Judicial) had allowed the Original Application No.383/2011 filed by the petitioner. The Member (Administrative) disagreed with the view of Member (Judicial) and penned her dissenting view whereby she dismissed Original Application No.383/2011 filed by the petitioner. This resulted in the Original Application No.383/2011 being referred to a third Member who vide his order dated January 18, 2012 was of the view that the petitioner is not entitled to the relief as sought by him in the original application.

(3.) ON October 04, 2007 foreseeing an occurrence of vacancy in the grade of Assistant Director, due to the retirement of Mrs.Mohinder Kumar Saini on November 30, 2007 the petitioner made a representation for his consideration against the said vacancy. It is the stand of the respondents, though initially, that the vacancy created by the retirement of Mrs.Mohinder Kumar Saini the same has to be filled by a Scheduled Caste candidate.