LAWS(DLH)-2007-2-13

A CHAUDHARY Vs. UNION OF INDIA

Decided On February 02, 2007
A.CHAUDHARY Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Petitioner assails the judgment and final order dated 6.9.2000 in O. A. No. 2065/97 and the order dated 13.11.2000 in R.A. No. 333/2000 passed by the Central Administrative Tribunal, Principal Bench, New Delhi dismissing the said Original Application and the Review Application preferred by the petitioner herein. The petitioner has also sought quashing of Office Order dated 25.11.1994 circulating the revised seniority list (provisional) and Office Order dated 5.2.1997 confirming the said provisional seniority list. He has further sought quashing of the DPC proceedings held in 1994 for considering promotions to the post of Superintending Engineer (Electrical) and has prayed for constitution of fresh DPC for filling up of the vacancies in the post of Superintending Engineer (Electrical) on a regular basis for the years 1983 to 1987. He also seeks placement in the seniority list of Superintendent Engineer (Electrical) above respondent No.4 and all other consequential reliefs.

(2.) Petitioner had joined CPWD as Assistant Executive Engineer (Electrical) on 28.2.1970. The Applicant was promoted to the post of Executive Engineer (Electrical) on 30.3.1974 and as Superintending Engineer on 10.5.1985 on an adhoc basis.

(3.) A seniority list of Executive Engineers (Electrical) was circulated on 12th January, 1994, wherein the petitioner was shown at Sl.No. 75 whereas Respondent No.4 Shri S.C.Khurana was shown at Sl.No. 76. Owing to continuous litigations promotions to the grade of Superintending Engineer were being made only an adhoc basis. On 9.6.1994, the Tribunal passed an order in various applications filed in OA No. 1765/92 "Sh. B.P.Bindal and Ors. vs. UOI and Ors.", interalia, directing the UPSC to complete the process of regular promotions to the cadre of Superintending Engineer (Electrical) and to publish the finalised list on or before 30.11.1994. Thereafter, the DPC meeting was convened and held on 30.9.94 and 11.10.94 and regular promotions to the cadre of Superintending Engineer (Electrical) were considered for the years 1983, 1984, 1985, 1986, 1987 and thereafter. The bench mark for promotion was "very good".