UNION OF INDIA Vs. ANITHA VASU

JUDGEMENT

(1.) O. P. No. 9079/2003 is filed by the Union of India and its officers challenging the interim order passed by the Central Administrative Tribunal, Ernakulam Bench in O. A. No. 67/2003 which is stated to be still pending. W. P. (C). No. 10450/2005 is filed by one of the private party respondents in O. A. No. 72/2003 against the final order passed in the said O.A. by the Central Administrative Tribunal. The subject matter of the two O.As. are identical and our decision in W. P. (C). No. 10450/2005 would have to be taken notice of by the Tribunal while disposing of O. A. No. 67/2003, finally, if not already disposed of. Therefore, these two writ petitions are being disposed of by a common judgment as agreed to by the parties.

(2.) The respondents 6 to 8 in W. P. (C). No. 10450/2005 are the applicants in the original application. The substantial prayers as appearing in the original application are follows:-

(3.) The applicants in the original application are Lower Division Clerks in the office of the Customs and Central Excise Department of the Union of India at its offices at Thrichur and Palghat. At the time of filing the original application, they had put in more than 8 yeas to 15 years in the cadre of L.D.C. by virtue of which they could have aspired for promotion to the post of Upper Division Clerks for which there were vacancies. It is not disputed before us that they have the requisite qualification for such promotion, although it is not clear as to whether they are senior enough to come within the zone of consideration, ascertainment of which fact is not necessary for the disposal of this writ petition.