UNION OF INDIA Vs. C.K.K. NAIR

JUDGEMENT

(1.) RESPONDENTS 1, 2 and 4 before the Central Administrative Tribunal (CAT) have filed this petition challenging Ext.P3 order of the CAT. The application was filed by the first respondent herein who was the Deputy Commissioner in senior scale claiming promotion to the post of Junior Administrative Grade (Joint Commissioner). He claimed the benefits on the basis of Annexure A2 notification. As per Annexure A2 notification, Officers in the senior scale with five years of service alone are entitled for promotion. It is the case of the first respondent that though he did not have five years service in the senior scale, there was a proposal pending with the Union Public Service Commission (UPSC) to relax the said period of five years to four years, which, according to him, should be considered. The Tribunal had come to the conclusion that in so far as there is no relaxation of five years in the Senior Scale to four years by UPSC and it only remains in the stage of proposal, no orders are to be passed in favour of the applicant. However, it is observed by CAT that if the UPSC agrees with the proposal made by the Department, the applicant along with similarly situated candidates will also be eligible to be considered to the post of Junior Administrative Grade (Joint Commissioner). This part of the order is challenged by the petitioners in this petition. Heard learned Standing Counsel for petitioners and second respondent.

(2.) AS can be seen from the impugned order, only a proposal for relaxation of the number of years is moved by the Department which had not yet been accepted. As such, it is too premature at this moment for the petitioners to contend that if relaxation is given by the UPSC, such relaxation will have to be granted to various persons who claim such benefits. In fact, it is not known even as on date as to whether UPSC will relax the condition or whether that relaxation applies to the petitioner or similarly situated persons. In such circumstances, we do not think that there is any illegality or irregularity in the order passed by the CAT. Nothing remains to be considered in the writ petition. Hence the same is dismissed.