A.K. BELWAL Vs. UOI AND ORS.

JUDGEMENT

(1.) Present writ petition has been filed by the petitioner under Articles 226 and 227 of the Constitution of India seeking a direction to quash and set aside the Order dated 13.5.2004 passed in O.A. No.1603/2001 and Order dated 5.8.2004 passed in RA No. 195/2004 by the Central Administrative Tribunal (hereinafter referred to as the 'Tribunal'.

(2.) The necessary facts to be noticed as set out in the present writ petition are that the petitioner joined Indian Economic Service (IES) in the year 1971. He was promoted as Grade III Officer in the Senior Time Scale in the year 1979. During the period 1980 to 1982, the petitioner was sent by the respondents to England to complete his P.G. Diploma/D.Sc Economics. The petitioner claims that he was given promotion from Grade IV to Grade II in the year 1983. Thereafter he was remained on study leave between 1.7.1987 to 30.6.1992 to enable him to pursue Ph.D. and during this period his ACRs were not filled up despite his handing over letters of appreciation issued by competent persons in their respective fields. The petitioner was recommended for promotion in the DPC held in the year 1995 to Grade I and he was promoted to Grade -I (JAG) from Grade III on 8.1.1996. The petitioner was forced to approach the Tribunal as his seniority had been downgraded by 132 positions in Grade III and in the list of Grade I he had been placed along with officers much junior to him. According to the petitioner he was eligible for promotion to Grade I in the year 1988 but in fact he was promoted only in the year 1994. During this period no adverse remarks were ever communicated to him.

(3.) The stand taken by the respondents before the Tribunal, reads as under: