(1.) THIS Writ Petition has been filed against the order of the Central Administrative Tribunal. Chennai Bench dated 12. 7. 2001 made in O. A. No. 161 of 2001, wherein the Tribunal set aside the order passed by the Writ petitioners dated 16. 1. 2001, de-regularizing the services of respondents 1 and 2, whose services have been regularized with effect from 11. 4. 1997 as per the dpc recommendation against the Government memos issued by the Government from time to time.
(2.) THE case of the applicants before the Tribunal is that they are Engineering Graduates and on the basis of the results of the competitive examination conducted by the Union Public Service Commission for engineering Service in the years 1977 and 1978, they were appointed to the post of Assistant Engineer (Civil), which is a Group' ; B' post, in the first respondent-department. THE first applicant; has been working as Assistant Engineer (Civil) from 1981 onwards. Likewise, the second applicant has been working as Assistant Engineer (Civil) from March 1980 onwards. Both of them were direct recruits. THE next avenue of promotion to both of them is executive Engineer (Civil ). THE eligibility for getting the said promotion is eight years regular service as Assistant Engineer (Civil ). Further, the said promotion is on the basis of selection on merit. Both the applicants have completed the required eight years regular service as Assistant Engineer (Civil) in the years 1988 and 1989. THEy were under the fond hope that they would be promoted as Executive Engineer (Civil ). As they were not promoted, they made several representations, but the same were not considered.
(3.) AGGRIEVED by the said order, the Department has filed the present Writ Petition, contending that the Tribunal has failed to note that, the applicants have not challenged the O. M. dated 12. 10. 1998, in and by which, the persons who had retired but who were fully qualified to be promoted during the relevant time, when the vacancies arose, but for the non-convening of the DPC meetings, should be considered for promotion. It is further contended that the Tribunal has failed to appreciate the interest of the retired employees and the department has taken the decision to review the DPC. As per the recommendation, the impugned order was passed. By virtue of this order, no prejudice would be caused to the applicants.