ARAB ABDULLA SULEMANBHAI Vs. UNION OF INDIA

JUDGEMENT

(1.) WE have heard Mr Sunil L Mehta, learned counsel appearing for the petitioner and Ms. Sejal K Mandavia, learned counsel for the respondents. This writ petition has been filed challenging the order dated 16.1.2009 passed by the Central Administrative Tribunal (in short, "the Tribunal") in Review Application No.31/2007 in O.A. No.98/2007 with M.A No.462 of 2007.

(2.) THE facts of the case in brief are that the petitioner joined the services of the Central Excise department on 17.6.1974 as Sepoy. As per the Recruitment Rules, the petitioner appeared in the departmental examination for Group 'D' post held in July 1980. He failed to clear the typing test held on 21.1.1981. THEreafter he was promoted to the post of Lower Division Clerk on 14.11.1994 i.e. after 20 years. Again he was promoted to the next higher post of Tax Assistant in the year 2003. Pursuant to the new Rules issued by the Ministry of Finance, Department of Revenue, vide order No. 162/2006 dated 8.11.2006, the petitioner was demoted to Upper Division Clerk. THE O.A. No.98/2007 filed by the petitioner claiming promotion to the post of LDC w.e.f. 1981 with consequential benefits, was dismissed by the Tribunal vide order dated 30.4.2007. THE petitioner preferred Review Application being No.31/2007 on the ground that the petitioner should have been treated as exempted in terms of OM dated 15.1.1981 as he had passed the Hindi Typewriting test conducted by Rajbhasha Vibhag and though junior to the petitioner has been promoted, the petitioner has not been promoted which was dismissed by the Tribunal by order dated 16.1.2009. This order is challenged in this writ petition.

(3.) WE do not find any illegality in the impugned order passed by the Tribunal in Review Application No.31/2007 in O.A. No.98/2007 with M.A No.462 of 2007.