V.P. VASU Vs. UNION OF INDIA (UOI),

JUDGEMENT

(1.) THIS review petition is filed seeking review of our judgment dated 19.10.2010 in W.P.(C) No. 32074/2009. The writ petition was filed challenging an order of the Central Administrative Tribunal, Ernakulam Bench dismissing T.A. No. 28/2008 filed by the Petitioner.

(2.) THE Petitioner had joined the Telecom Department as an Assistant. He was granted two promotions, one after the completion of sixteen years of service and the other after completion of 26 years. He retired from service on 31.5.2002. According to the Petitioner, he was entitled to Grade -IV promotion. Such promotion was given to 10% of the employees who had got the BCR Grade, based on seniority. His claim was rejected by the Central Administrative Tribunal on finding that he would not have been considered for promotion even if his claim for seniority had been accepted. The Tribunal also found that he had not raised any objection against the seniority list even after several years of his retirement.

(3.) HOWEVER , the contentions of the Petitioner were controverted by the Respondents who filed a counter affidavit in answer to the allegations. After considering the contentions advanced on behalf of the Petitioner, we dismissed the writ petition, declining to consider the correctness of the fresh controversy that was raised on the basis of new facts brought on record after the Central Administrative Tribunal had finally decided the matter. The said judgment is under challenge in this review petition.