UNION OF INDIA Vs. DORISINGH D RAJPUT

JUDGEMENT

(1.) By way of this petition, the petitioner- Union of India challenges the order of the Central Administrative Tribunal, Ahmedabad (for short, the CAT ), Dated : 26.03.2004, rendered in O.A. No. 809 of 2000 as well as the order dated 08.07.2004, passed in Review Application No. 54 of 2004.

(2.) The brief facts of the case are that the respondent, herein, who was serving with the petitioner filed O.A. No. 809 of 2000, challenging the order of the petitioner reverting him from the post of Chief Clerk to Material Clerk, which is lower to the former post. The CAT after hearing the parties, passed the impugned order dated 26.03.2004 and partly allowed the same in favour of the respondent. Being aggrieved thereby, the petitioner preferred R.A. No. 54 of 2004, which came to be dismissed on 08.07.2004. Hence, the present petition.

(3.) Mr. Patel, learned Advocate for the petitioner, submitted that the CAT committed an error in passing the impugned order, inasmuch as it failed to appreciate the material on record in its true perspective. The CAT ought to have appreciated the fact that the option is to be exercised in the case of an employee, who is promoted regularly by following the necessary procedure, whereas, the present respondent was promoted only on ad hoc basis and later on, the respondent came to be reverted to his former post, since, he could not pass the necessary exam. The Tribunal ought to have taken into consideration the fact that the respondent, himself, had made a request to treat his promotion with effect from 01.01.1996. The Tribunal failed to take into account the fact that the respondent did not challenge the order dated 17.02.2004. He, then, submitted that the circulars referred to by the learned Tribunal are not of the Railway Authorities and are of the other department. He, therefore, prayed that the appeal be allowed.