L.N.YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) THE challenge in the instant writ petition is to the order dated April 03, 2003 passed by the Central Administrative Tribunal, Principal Bench whereby the Original Application No.1534/2002 filed by the petitioner was dismissed. The Original Application was filed by the petitioner inter alia seeking promotion and seniority to the post of Station Superintendant in the scale of Rs.2375 3500 with effect from March 01, 1993.

(2.) THE petitioner joined the respondents as Station Master in the year 1964. He continued on the same post till 1993. Following the restructuring and upgradation of Group 'C'/'D' post by the respondents, 52 posts of Station Superintendent in the grade of Rs.2000 3200 and Rs.2375 3500 became available for upgradation against which 43 posts were upgraded during 1993, 1994 and 1995 leaving 9 vacancies. The vacancies were to be filled by combine upgradation of Station Masters, Yard Masters, Traffic Inspectors and Section Controllers.

(3.) AGGRIEVED against his non promotion the petitioner approached the Tribunal by way of Original Application No.1534/2002. It is the case of the petitioner that though he was undergoing punishment during the same period still the same could not come in the way of his promotion as similarly placed persons have been granted promotion. It was also the case of the petitioner that the respondents have adopted improper and incorrect method of selection. According to him the promotion was to be effected according to seniority and he being the senior most Assistant Station Master in the scale of Rs.1400 2300 the promotion should have been granted to him.