UNION OF INDIA Vs. J JOHN WINCENT JACOB

JUDGEMENT

(1.) The High Court passed an order dated 27 April 2006 in W.P.No.38241 of 2005, directing the petitioners to consider the case of the respondent for promotion to the post of Inspector of Central Excise and Customs, if he is otherwise entitled to and pass appropriate orders within two months. The order was unsuccessfully challenged before the Supreme Court in SLP (C) No.18820 of 2006. Thereafter, the first petitioner passed an order dated 21 May 2008, promoting the respondent to the post of Inspector of Central Excise. Since the related benefits were not given, the respondent filed original application in O.A.No.1483 of 2010. The Tribunal allowed the original application and directed the petitioners to pay the arrears of pay and allowances. The order is under challenge in this writ petition.

(2.) We have heard the learned Senior Standing Counsel for the petitioners and the learned counsel for the respondent.

(3.) The respondent earlier filed original application in O.A.No.136 of 20025 before the Central Administrative Tribunal, claiming promotion to the post of Inspector of Central Excise and Customs. The original application was dismissed by the Tribunal by order dated 7 October 2005. The respondent challenged the said order in W.P.No.38241 of 2005. The Division Bench found that pursuant to the direction issued by the Tribunal earlier, the case of persons with disability were considered by the Central Excise and Customs Department for promotion to the post of Inspector. However, without any rhyme or reason, the case of the respondent was rejected solely on the ground that he did not possess the prescribed height. The Division Bench, therefore, directed the petitioners to consider the case of the respondent. The petitioners filed SLP (C) No.18820 of 2005 before the Hon'ble Supreme Court of India, challenging the order dated 27 April 2006 in W.P.No.38241 of 2005. There was no stay throughout the proceedings before the Hon'ble Supreme Court. The Special Leave Petition was ultimately dismissed by order dated 9 January 2008. The Chief Commissioner of Central Excise, Chennai, passed an order dated 21 May 2008, four months after the dismissal of the Special Leave Petition, promoting the respondent to the grade of Inspector of Central Excise. The respondent claimed arrears of pay and other benefits. The claim was rejected. The said order was challenged before the Central Administrative Tribunal in O.A.No.1483 of 2010.