UNION OF INDIA Vs. N CHANDRALAL

JUDGEMENT

(1.) This Writ Petition arises out of the order passed by the Central Administrative Tribunal, Ernakulam Bench dated 29.10.2008 in O.A.No.206 of 2008. The said Original Application was filed by the 1st respondent herein seeking a declaration that he is entitled to be promoted to the grade of 4000-6000 on par with his juniors and for an order directing the petitioners herein, the respondents before the Tribunal, to promote him to that grade on par with his juniors, namely, Shri.G.Thomas and Shri.Sunil Jose, who were promoted vide Annexure A3 order dated 29.6.2007, with all consequential benefits.

(2.) Before the Tribunal, the reliefs sought for in the OA were opposed by the petitioners herein by filing Ext.P2 reply statement. After considering the rival contentions, the Tribunal by Ext.P3 order dated 29.10.2008 allowed the OA declaring that the applicant is entitled to the scale of pay of 4000-6000 on par with his juniors with effect from 29.6.2007. Consequently, the Tribunal directed the petitioners herein to promote the applicant to the aforesaid grade, with effect from 29.6.2007, i.e., the date on which his juniors, namely, Shri.G.Thomas and Shri.Sunil Jose and others were promoted to the post of Senior Assistant Loco Pilot in terms of Annexure A3 office order dated 29.6.2007. The petitioners herein were directed to issue necessary orders in this regard and to pay the applicant the consequential arrears of salary and allowances within a period of two months from the date of receipt of a copy of the order.

(3.) Feeling aggrieved by Ext.P3 order of the Tribunal, the petitioners herein are before this Court in this Writ Petition seeking interference under Article 226 of the Constitution of India.