UNION OF INDIA Vs. N PERIASAMY

JUDGEMENT

(1.) THE petitioners have filed this writ petition seeking to quash the order dated 07.01.2010 passed by the Central Administrative Tribunal in O. A. No. 563 of 2008.

(2.) THE first respondent / applicant, who was working as LSG Assistant Postmaster, has filed the Original Application before the Tribunal seeking promotion to the next higher post, viz., Lower Selection Grade (LSG) on the basis of seniority in Circle Gradation List.

(3.) THE substance of the claim of the first respondent is that the decision of the first petitioner to promote him on a later date and allowing promotion to the officials who are juniors to him much earlier by ignoring his circle seniority is arbitrary, unilateral and is in violation of Recruitment Rules of LSG and sub rule 3 of Rule 38 of P & T Manual and subsequent clarification issued by the Director General of Posts and therefore, the first respondent has sought for the relief of direction to the petitioners to promote him to LSG, taking his circle seniority into consideration from the date on which his junior C. Muppidathi had been promoted to LSG with all consequential benefits to enable him to get his due promotions to HSG II and HSG I as he was due to retire on 31.12.2010.