SECRETARY TO GOVERNMENT OF INDIA Vs. SAMUEL THOMAS

JUDGEMENT

(1.) The Union of India, represented by its officials, is the appellant; Samuel Thomas, a retired employee in the Income Tax Department, is the sole respondent. The Government of India in this Original Petition assails the order, dated 09/03/2016, in O. A. No. 999 of 2014, passed by the Central Administrative Tribunal, Ernakulam Bench. To be precise, the Government of India assails the direction that Samuel Thomas be given promotion retrospectively - after his superannuation.

(2.) Facts in Brief:

(3.) A group of directly recruited Deputy Commissioners (Direct IRS), belonging to the batches 2002 and 2003, challenged the DPC's decision before a Division Bench of the Central Administrative Tribunal, New Delhi ("the Tribunal"). On reference, the matter eventually reached the Tribunal's Principal (Full) Bench. First, the Tribunal's Division Bench passed an interim order that "the promotions if made during pendency of the OA would be subject to the decision thereof." Later, through its order, dt. 20/09/2010, the Tribunal's Full Bench, as an interim measure, ordered that the DPC might effect the promotions, but the result must be put in sealed cover. Guided by the interim direction, the Department of Revenue, on 30th March, 2011, promoted 295 Deputy Commissioners on an ad hoc basis. But it omitted those who retired in the meanwhile - that is, between 20th Sept., 2010 and 30th March 2011.