UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) AGGRIEVED by the order, dated 4/7/2006 made in O. A. No. 218 of 2005 by the Central Administrative Tribunal, Madras Bench, the petitioners herein have preferred W. P. No. 44921 of 2006. As per the impugned order, the Tribunal has set aside the order, dated 15/3/2005 passed by the petitioners herein and directed them to post the second respondent herein as Joint Chief Inspector of Factories (JCIF) within a period of two weeks from the date of receipt of a copy of the order.

(2.) W. P. NO. 44922 of 2006 has been preferred by the petitioners herein against the order, dated 4/7/2006 made in O. A. No. 814 of 2005 on the file of the Central Administrative Tribunal, Madras Bench. The Central Administrative Tribunal for the reasons stated in the impugned order, has allowed the Original Application and the recruitment rule made by G. O. Ms. No. 6, dated 8/3/2005, equating the post of Principal Group 'a' (Senior Scale) with the post of JCIF was also set aside with the liberty to initiate the process of formulating recruitment rules in accordance with law.

(3.) IT is not in dispute that the second respondent / applicant initially joined the service in the Government of Pondicherry as a Craft Instructor in the Labour Department on 03. 11. 1975 and was appointed as Group Instructor on regular basis, subsequently, promoted as Inspector of Factories on 27. 09. 1982 and as Principal, Group 'a' (Junior Scale) on regular basis with effect from 25. 08. 1989. On 26. 07. 2001, he was promoted as Joint Chief Inspector of Factories (in short JCIF) on regular basis as per procedure. Aggrieve by the said promotion of the second respondent / applicant, the third respondent in W. P. No. 44921 of 2006, Sri. P. S. Krishnamurthy, who was promoted as Principal, Group 'a' (Junior Scale) subsequent to the promotion of the second respondent / applicant, submitted a representation before the competent authority, based on which, the Government initiated steps to convene a review DPC, but the same was rejected by the UPSC. Then the second respondent / applicant was issued promotion order as JCIF and joined duty in the said post on 26. 07. 2001. The said promotion was challenged by Sri. P. S. Krishnamurthy in O. A. No. 795 of 2001, but the same was dismissed by the Tribunal on 29. 07. 2001. According to the petitioners, the Government of Pondicherry has also sent a proposal to UPSC for amendment of the recruitment rules equating the post of Principal, ITI held by Sri. P. S. Krishnamurthy, the third respondent, with that of JCIF.