UNION OF INDIA Vs. B.P. GAIROLA

JUDGEMENT

(1.) The petitioner/Union of India (UOI) claims to be aggrieved by an order of the Central Administrative Tribunal (CAT/ Tribunal) dated 14.05.2013 in O.A. No. 2853/2012. The Tribunal had directed retrospective promotion of the first respondent/applicant with effect from the date the vacancy occurred in the cadre of Area Organiser for the year 2011-12.

(2.) The undisputed facts are that the respondent employee initially joined the UOI as Circle Organiser in Group B gazetted executive cadre post on 19.11.1985. He was subsequently promoted on the basis of seniority to the rank of Joint Area Organiser with effect from 01.04.2008.

(3.) In the meanwhile, the existing rules promulgated under proviso to Article 309 of the Constitution were de-notified sometime in 2007. This led to litigation before the CAT, which by its order dated 05.01.2010 (in Bakhtawar Singh v. Cabinet Secretary O.A. No.2104/2009) quashed/set aside the de-notification, with a further direction to consider the claims of the applicants before it in those proceedings for further promotion.