UNION OF INDIA Vs. S RAM MOHAN UNNITHAN

JUDGEMENT

(1.) HEARD the arguments of Mr. T.S. Sivagnanam, learned Additional Central Government Standing Counsel representing the petitioners and Mr. Karthik Rajan, learned counsel for the respondents 1 to 5 and have perused the records.

(2.) AGGRIEVED by the order of the Central Administrative Tribunal [for short, 'CAT'] dated 26.9.2001 made in O.A. No. 1249 of 2000, the Union of India, represented by the Chairman, Ordnance Factory Board, and the General Manager of the Engine Factory, Avadi, have filed the present writ petition.

(3.) AS per the order, promotions will have to be made from the post of Supervisor Grade or UDC or equivalent and also Telephone Operator Grade I with three years regular service. Subsequently, by an amendment dated 28.11.1994, the ratio among the feeder categories was amended. By the said amendment, 25% was to be made by direct recruitment, 25% by limited Departmental Examination from among the LDC or equivalent post and 50% by promotion. Though as per the Recruitment Rules, only the post of Chargeman Grade II (Non-Technical / Stores) was available, it was contended that by administrative instructions, the said post was bifurcated into two posts, viz., Chargeman Grade II (Non-Technical / Stores) and Chargeman Grade II (Non-Technical other than Stores).