V R K NAIR Vs. UOI AND OTHERS

JUDGEMENT

(1.) The present petition seeks quashing of order dated 30.01.2002 passed by the learned Central Administrative Tribunal (hereinafter referred to as 'CAT') in OA No. 277/2001, whereby, the original application filed by the petitioner, seeking proforma promotion under 'NBR' w.e.f. 17.08.1992 (i.e. the date of promotion of his junior S.P. Jindal as EAD/AE), or alternatively to fix his basic pay in the grade of EAD/AE in the scale of Rs.6,500-10,500/-, at par with his juniors who were promoted along with him; came to be dismissed.

(2.) The facts, as are necessary for the adjudication of the present petition, are briefly adumbrated as follows:-

(3.) By order dated 31.7.92 (Annexure III) applicant who was working as J.E. in Bhutan was promoted and posted EAD/AE under Chief Engineer, North Eastern Region, Shillong. Respondents' letter dated 17.11.93 (Annexure R-III) reveals that aforesaid order dated 31.7.92 was passed on to applicant on 25.8.92 on proper receipt, but applicant himself avers in para 1(iii) of his O.A. that he did not join as EAD/AE in Shillong pursuant to the aforesaid order dated 31.7.92. Subsequently he was further posted to N.E. Investigation Division II under N.E. Investigation Circle, Shillong vide order dated 4.9.92. Meanwhile he had earlier applied for the post of A.E. in N.W.D.A. Trivandrum and consequent to his selection, orders for relieving him from CWC issued on 31.7.92 upon which he relinquished charge on 5.9.92 and proceeded on deputation to Trivandrum. Meanwhile Shri S.P. Jindal, whose name featured below applicant's name in order dated 31.7.92 and was also promoted and posted by the same order in C.E., N.E. Region, Shillong, presumably joined his post pursuant to that order soon after.