UNION OF INDIA Vs. SHRI B. VENKATESAN

JUDGEMENT

(1.) The present writ petition under Articles 226 and 227 of the Constitution of India seeks to assail the order dtd. 23/2/2012 passed by the learned Central Administrative Tribunal (hereinafter referred to as 'the Tribunal') in O.A. No.3091/2010. Vide the impugned order, the learned Tribunal has allowed the Original Application preferred by the respondents by directing the petitioner to examine the case of each of the respondents, along with other eligible officers of DPA Grade A, for promotion to the post of DPA Grade-B against each vacancy year w.e.f. 1995. The Tribunal has further directed that in case any of them are found eligible for promotion against a vacancy for any year prior to 2005, they be granted promotion on notional basis, with those already working on the promotional post on ad hoc be also granted consequential benefits.

(2.) Learned counsel for the petitioner submits that the learned Tribunal has erred in passing the impugned directions to consider the respondents for promotion to the post of DPA Grade-B against vacancies from year 1995. He submits that the Tribunal has failed to appreciate that in fact there was no vacancy in this post for the years prior to 2005. Furthermore, the Recruitment Rules for the said post were notified only in 2010 and therefore no promotions could be made prior thereto. He, therefore, prays that the impugned order be set aside.

(3.) On the other hand, learned counsel for the respondent supports the impugned order and submits that the learned Tribunal has found that not only were the Model Recruitment Rule available with the petitioners but there were a number of vacancies available since 1998. He further submits that the Tribunal has neither granted promotion to any of the respondents from any particular year nor directed the petitioners to consider them for any particular year, but has merely directed the petitioner to consider the respondents along with other eligible officers of DPA Grade A for promotion to the post of DPA Grade B against vacancies from 1995, as may be available on year to year basis. He, therefore, prays that the writ petition be dismissed.