BALACHANDRAN K.V Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner seeks regular promotion to the post of Chemical Examiner Grade II from the date on which he joined on an Ad-hoc appointment; ie: 11.12.1997. The applicant was first appointed as Chemical Assistant Grade II on 16.09.1968 and was promoted as Assistant Chemical Examiner in the year 1984. It was while so continuing, he was appointed on an Ad-hoc basis to the higher post. The Ad-hoc promotion was extended thrice for different periods. He claimed regularisation in the higher post on the ground that there were sufficient vacancies available, upon which the applicant was reverted.

(2.) The applicant approached the Tribunal by O.A 31/2003. The Association and some other employees similarly situated had also approached the Central Administrative Tribunal, Mumbai Bench by O.A 526/2002. In O.A 526/2002 there was an order passed directing the consideration of promotions to the vacancies in the respective years. It is also pointed out by the learned Counsel appearing for the petitioner that the Mumbai Tribunal's order in Paragraph 8 specifically speaks of six vacancies in the year 1997-98.

(3.) The petitioner was promoted with effect from 15.09.2003 when the O.A filed by him was pending before the Tribunal. Later, O.A No.31/2003 was disposed of by order dated 31.10.2006(Annexure A7). There was a similar direction as contained in the judgment of the Mumbai Bench of the Tribunal (Annexure A6). The petitioner retired on superannuation on 30.01.2005 and much later to that he was issued with Annexure A8, purportedly in compliance of Annexure A7 order. He challenged the order at Annexure A8 by the present O.A.