ANJU NIGAM Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The afore-stated writ petition filed by Anju Nigam impugning order dated 7th April, 1999, passed by the Principal Bench of the Central Administrative Tribunal (Tribunal) in OA No.2225/1997 was allowed vide judgment dated 31st August, 2009, with the direction that she be treated as an officer appointed on the post of Junior Time Scale in the Indian Postal Service with effect from 26 th August, 1988. Anju Nigam was to be accordingly accorded benefit on the basis of the said date of joining for her promotion in the Senior Time Scale and next promotion in the Junior Administrative Grade. Departmental Promotion Committee was directed to be convened to reconsider Anju Nigam for promotion to the Junior Administrative Grade, because of wrong fixation of initial date of appointment in the Junior Time Scale.

(2.) The judgment dated 31st August, 2009 was recalled vide order dated 20th May, 2013 on the Review Application No.709/2012, filed by Rajinder Kumar Kashyap and others highlighting that Writ Petition (Civil) No. 5924/1999 filed by co-applicants in OA No.2225/1997, impugning the same order dated 7 th April, 1999, had been dismissed by this High Court vide order dated 9th September, 2009. Thus, there were two contradictory judgments passed by the High Court, one in the present Writ Petition and the other in Writ Petition No. 5924/1999, impugning the order dated 7 th April, 1999 passed by the Tribunal.

(3.) The recall order dated 20th May, 2013, passed on the review application was made a subject matter of challenge by Anju Nigam before the Supreme Court in Civil Appeal No. 10948/2014, which was partly allowed vide order dated 9th December, 2014, after noticing the factual matrix with a direction that the present writ petition would be heard by a Full Bench of the High Court i.e. a bench of three Judges. The order of the Supreme Court records that the larger bench would examine the question of conflict in case relief is granted to Anju Nigam in W.P. (C) No. 2464/2000, notwithstanding the fact that Writ Petition (C) No 5924/1999 filed by the coapplicants in OA No.2225/1997 had been dismissed. Further, Rajinder Kumar Kashyap and others were directed to seek impleadment in the present writ petition.