UNION OF INDIA Vs. SANTOKH SINGH

JUDGEMENT

(1.) THE petitioners have filed the present writ petition under Article 226 of the Constitution of India praying for issuance of a writ of certiorari and/or any other appropriate writ, order or direction for quashing the judgment and order dated 17th August, 2006 passed by the Central Administrative Tribunal (for short "the Tribunal") in O. A. No. 2709/2005.

(2.) THE Tribunal in its judgment has held that there was delay in initiating the process of holding Departmental Promotion Committee (for short "dpc"); which delay was solely attributable to the Petitioners herein for which respondent No. 1 cannot be made to suffer. The Tribunal has further directed the petitioners herein to re-examine the claim of Respondent No. 1 in the light of o. M. No. 22011/9/98 (for short "the said OM") issued by the Department of personnel and Training and its observations for ante dating the promotion of respondent No. 1 on notional basis in the post of JSandla of ILS from the date the process, as envisaged and instructions as per the model calendar, should have been completed.

(3.) THE learned ASG, Mr. Gopal Subramanium, appearing for the Petitioners contended that the said OM did not apply as the Respondent No. 1 was promoted against an unanticipated vacancy for the year 2004-2005. He further contended that the said OM placed a duty on the Petitioners to convene DPC in advance so as to utilize the prepared panel as and when the vacancies arise during the course of the vacancy year. Learned ASG also submitted that the Hon"ble supreme court"s judgment in Union of India vs. N. R. Banerjee and others, reported in (1997) 9 SCC 287 relied upon by the Tribunal, clearly stipulated that filling up of posts in advance are only for clear or anticipated vacancies arising in the year.