M PARASURAMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE aforesaid writ petitions are directed against the common order passed by the Central Administrative Tribunal in O. A. Nos. 296 and 777 of 2000 dated 24. 1. 2001.

(2.) THE aforesaid two O. As before the Central Administrative Tribunal were filed by the present Respondent No. 3 in W. P. NOs. 4467 and 4468 of 2001 (hereinafter referred to as the applicant ). The Tribunal under the impugned order, quashed the order dated 10. 12. 1999, where under the writ petitioner in W. P. NOs. 4467 and 4468 of 2001 (hereinafter referred to as the petitioner) was promoted, and it was further directed that the vacancy should be filled from among the eligible candidates for appointment as Head Clerk by promotion or on deputation as per recruitment rules in force and to take a decision on the question as to whether such post is a single post or not.

(3.) THE facts giving rise to the present writ petitions are as follows: -The petitioner initially joined as a Class IV employee in the Central Cattle Breeding Farm under the Animal Husbandry and Dairying Department of the Central Government. In course of time, he was promoted as Upper Division Clerk and posted at Central Cattle Breeding Farm, Suratgarh in Rajasthan and subsequently, he was sent on deputation to Bio-Fertilizer Development Centre in Bangalore. At that time, the petitioner received a circular bearing Ref. No. 1-1-/95/rsfp/estt/1043 TO 1110 dt. 1. 8. 95 inviting applications for the post of Head Clerk, which was reserved for Scheduled Caste Community. Such post was to be filled up by promotion of Upper Division Clerks in the Regional Station for Forage Production and Central Cattle Breeding Farm with 5 years continuous service in the grade, failing which by transfer on deputation from Upper Division Clerks with 5 years continues service in the grade in the Subordinate Offices of the Ministry of Agriculture. Pursuant to the said notification dated 1. 8. 1995, the petitioner applied for the post of Head Clerk, which was a selection post as per the Recruitment Rules, 1968. The selection process by promotion was initiated by the DPC on the basis of 1968 Rules and such selection process was completed on 22. 3. 1996, before the Rules were amended on 10. 4. 1996. The petitioner was promoted and deputed in the post on 1. 2. 1997 and he joined the post of Head Clerk on 24. 2. 1997 and subsequently, such deputation was extended. At that time, Respondent No. 3 in WP. Nos. 4467 and 4468 of 2001, the applicant before the Tribunal, who does not belong to Scheduled Caste Community, made a representation to the Government in January, 1999. Subsequently, on the basis of internal communication of the Department indicating that the question of promotion on regular basis should be considered on the basis of old Rules, an order was passed on 10. 12. 1999 promoting the petitioner on regular basis with effect from 24. 2. 1997, the date on which he had joined. Subsequently, a letter dated 16. 12. 1999 was issued approving such promotion. In the meantime, Respondent No. 3 filed O. A. No. 1242 of 1999 before the Central Administrative Tribunal, wherein a direction was issued to consider the representation dated 16. 1. 1999, filed by him. On 15. 2. 2000, such representation was rejected by the Union of India, wherein it was indicated that promotional process was prior to amendment of the Rules and the recommendation made by DPC was valid. Thereafter, Respondent No. 3 in W. P. Nos. 4467 and 4468 of 2001 filed O. A. No. 296 of 2000 challenging the promotion of the petitioner contending that there was a single vacancy and there could not have been any reservation. Subsequently, O. A. No. 777 of 2000 was filed by him challenging the order of promotion dated 10. 12. 1999, whereunder the earlier promotion of the present petitioner had been made regular. Under the impugned order, the Tribunal has quashed the order of promotion of the petitioner and directed for reconsideration of the question of promotion, on the following conclusions:-19. In the light of the discussion in the preceding paras,