M VENKATARAMAN Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) This writ petition has been filed to challenge the impugned order of the Central Administrative Tribunal dated 16.04.2004 in OA No. 1506 of 2004 and also the order dated 03.08.2004 passed in RA No. 198/2004 in MA No. 1532 of 2004 in OA No. 1506 of 2003; as well as the impugned letter of the Board dated 14.11.2002 conveying the denial of promotion to the Petitioner to the post of Senior General Manager on the ground of insufficient number of vacancies.

(2.) The applicant filed the OA No. 1506 of 2003 against the order dated 14.11.2002 by which the promotion of the applicant to the post of Senior General Manager in Indian Ordnance Factory Service (IOFS) for the year 1995-96 was denied on the ground for want of sufficient number of vacancies. The applicant submitted that his order was stated to have been passed in compliance with the directions of the Tribunal in the earlier OA of the applicant where the Tribunal had directed the respondents to hold the review DPC to consider the case of the applicant for promotion from the date on which the Respondent No. 4, his junior, was considered for promotion and to promote the applicant with retrospective effect if found fit by the DPC and to grant him the notional promotion and fixation of pay and allowances etc.

(3.) The applicant was a member of Indian Ordnance Factories Service (IOFS) and superannuated on 31.10.1995. At the time of superannuation he was working as General Manager and was posted at Small Arms Factory, Kanpur. The post of General Manager belongs to Senior Administrative Grade which the applicant occupied from 31.3.1986 and though he had put in more than 91/2 years in service as SAG before retirement, at the time of consideration for the post of Senior General Manager, the applicant was ignored and his junior Shri G. Gopakumar was given the said promotion.