MCD Vs. R.B.TOMAR

JUDGEMENT

(1.) THE petitioner, i.e., the MCD claims to be aggrieved by the order of the Central Administrative Tribunal (CAT) dated 19.11.2009 in T.A. No.1154/2009. That application was preferred by the respondent (hereinafter referred to as "the applicant").

(2.) THE admitted facts are that the applicant was appointed at Labour Welfare Superintendent on 25.01.1990 and was promoted as Assistant Labour Welfare Officer on ad hoc basis on 27.03.2002. In the meanwhile, claiming to act upon directions of this court in writ proceedings i.e. W.P. No.1842/2004 (Krishan Kumar Awasthi vs. MCD, decided on 16.09.2005) the MCD made separate orders on 29.03.2007 superseded by an order dated 16.04.2007 and later, yet another order of the same date granting promotion to Sh. Krishan Kumar Awasthi as Labour Welfare Superintendent. The last of these orders i.e. 16.04.2007 had the effect of granting promotion to Sh. Krishan Kumar Awasthi as Assistant Labour Welfare Officer on regular basis on 08.10.1999. Sh. Awasthi had, in turn, approached this Court complaining of illegality in non -consideration of his name and stating that he was in the same category as one Sh. V.M. John who was writ petitioner in W.P. (C) No.780/2004.

(3.) THE order of 16.04.2007 itself clarified that the petitioner was senior to Sh. Awasthi. The relevant extract is as follows : -