HANUMANT KUMAR Vs. PRASAR BHARATI

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 10th August, 2007 passed by the learned Central Administrative Tribunal dismissing the Original application No. 1409/2007 filed by the petitioner. It was held in the said original Application by the Tribunal that the application is barred by time and, therefore, cannot be entertained in view of the provisions of Section 21 of the administrative Tribunals Act.

(2.) THE petitioner herein was aggrieved by the order of the respondent in not promoting him along with his juniors to the post of Staff Car Driver, Grade I in the year 1999. He was, however, promoted to the post of Staff Car Driver, Grade i effective from 17th May, 2001. The Drivers? Association of which the petitioner is a member submitted an application on 15th September, 2005. The same was considered by the respondent and the same was disposed of by an order dated 11th September, 2006. A bare perusal of the same would indicate that the petitioner appeared in the trade test. He was considered by the Departmental promotion Committee for considering his case for promotion to the post of Motor driver Grade-I and Grade-II. It further transpires that despite the said fact the petitioner could not pass the trade test. It is also established from the records that the Departmental Promotion Committee was not satisfied with the service record of the petitioner and, therefore, the petitioner was not promoted.

(3.) WE have heard learned counsel appearing for the petitioner on the issues raised before us. The records placed before us disclose that the petitioner was considered for such promotion to the post of Staff Car Driver, Grade-I in the dpcs held in 1993, 1995 and 1999. The candidature of the petitioner was, however, rejected and the petitioner was not found fit for such promotion. In terms of the recommendation of the DPC, the case of the petitioner for such promotion was rejected and his juniors were promoted in the year 1999. Subsequently, the petitioner was also promoted effective from 17th May, 2001. The petitioner approached the drivers? association so as to file a representation on his behalf, which was filed but only in the year 2005, which was disposed of vide order dated 11th September, 2006 to which reference is already made.