PRINCE GARG Vs. GOVT OF NCT

JUDGEMENT

(1.) C .M.No.714/2014 (for exemption) Exemption is allowed subject to just exceptions. Application is disposed of. W.P.(C) No.361/2014 & CM Nos.713/2014 (for stay) 1. The petitioner was appointed as Pollution Level Test Inspector ('PLTI') on 19th January, 1990. The respondents made appointments in the separate cadre of Motor Vehicle Inspector ('MVI'). The petitioner's contention had been that all the said appointees in the cadre of MVI had been promoted to the higher post of Motor Licensing Officer ('MLO') whereas the petitioner is still continuing as PLTI.

(2.) THE petitioner made a represention dated 21st December, 2010 requesting for merger of PLTI cadre and MVI cadre. He had first filed an O.A.No.2120/2012 before the Central Administrative Tribunal ('CAT'), stating that he had not got promotion for the last 25 years because he was part of PLTI Cadre whereas the Inspectors in the Cadre MVI/DTI/RSIs have got third promotion. The learned Tribunal vide its order dated 29th June, 2012 disposed of the said application with the direction to decide the represention dated 21st December, 2010 of the petitioner.

(3.) THE petitioner has assailed the said order of the learned Tribunal before us on the grounds that the tribunal had committed grave error of law in passing the said order as it had not considered the law laid down by the Hon'ble Supreme Court in the case of Lt.Governor of Delhi vs. SI Roop Lal AIR 2000 SC 594 wherein it had been held that the Tribunal is required to follow the view taken by the Coordinate Bench. It is submitted that the Division Bench of the learned Tribunal not only in one but two decisions i.e. in O.A.NO.2491/2008 and 1427/1995 held that the transfer outside the cadre in a different wing is bad in law being violative of conditions of service.