UNION OF INDIA Vs. M CPANDIT

JUDGEMENT

(1.) WHAT is challenged in this petition under Articles 226 and 227 of the Constitution is the order dated 29. 12. 2003 of Central Administrative Tribunal, Ahmedabad Bench allowing the respondent's Original Application No. 115 of 2003. The respondent herein filed the above-numbered application before the Tribunal when his juniors came to be promoted and his representation dated 29. 11. 2002 was not considered. The respondent was a direct recruit of 1982 batch and he was promoted to Junior Administrative Grade in August, 1982 and to the Non-functional Selection Grade in June, 2000. The respondent was eligible for promotion to Senior Administrative Grade after putting in eight years of service. Departmental Promotion Committee (DPC) met in February, 2001 for considering the respondent's case along with the case of other eligible officers. When promotion orders of his juniors were issued in January 2002, the respondent found that his name was not included in such orders. The respondent, therefore, submitted his representation to which the respondent did not receive any reply and hence the respondent moved the Central Administrative Tribunal. The Tribunal examined the service record of the respondent and gave the following findings:

(2.) AFTER considering rival submissions, the Tribunal allowed the application in terms of the following observations and directions:

(3.) THE Union of India is aggrieved by the above judgment. While admitting the petition, this Court stayed implementation of the judgment under challenge in March, 2008 and the respondent moved a civil application for fixing the date of hearing on the ground that the controversy raised in this petition is concluded against the Union of India by reported judgment of this court in Union of India, through Secretary v. A. P. Srivastava [2008 (1) GLH 133].