UNION OF INDIA Vs. REGISTRAR CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) EVEN though the matter was listed for considering the question of stay, on consent of both the counsel, the main writ petition itself is taken up for final disposal.

(2.) THE present writ petition is directed against the order of the Tribunal dated 29. 1. 2007 in O. A. No. 925 of 2005 wherein the applicant has challenged the order rejecting his representation dated 5. 8. 2003, in particular para 3 of such order.

(3.) LEARNED counsel appearing for the petitioners has contended that the earlier order passed by a Division Bench of this Court in W. P. No. 12669 of 2003 should be read along with the Departments Rules, which are not set aside, and the High Court has not specifically directed to give promotion to the applicant. He has further contended that since the applicant/first respondent voluntarily retired from service with effect from 1. 8. 2004, he would not be entitled to the benefits of the promotion to the grade of Assistant commissioner since he has not performed the work of Asst. Commissioner.