UNION OF INDIA Vs. PIYUSH GAUR

JUDGEMENT

(1.) THE Petitioner is aggrieved by an order dated 26th May, 2006 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA no. 626/2006.

(2.) THE grievance of the Respondents (who were the applicants before the tribunal) is that they were Senior Tax Assistants and, therefore, eligible to be considered for promotion to the post of Inspector in terms of the Recruitment rules notified on 29th November, 2002 (the nomenclature being a little illegible ).

(3.) THE Rules provide that Senior Tax Assistants with two years regular service in the Grade are eligible for promotion. According to the Respondents, they have put in two years of service in the grade of Senior Tax Assistants and for this reliance is placed on Rule 5 of the Central Excise and Customs department Senior Tax Assistants (Grade "c" Posts) Recruitment Rules, 2003 which provide that the services rendered by the Senior Tax Assistants as Data Entry operators will be taken into account for deciding the eligibility for promotion to the next higher grade. The Respondents say that they were appointed as Data entry Operators in January, 2000 and, therefore, they completed two years of service in the grade by January, 2002 and are entitled to be considered for promotion to the post of Inspector. According to the Petitioner the Respondents did not meet this eligibility criterion.