UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL BENCH

JUDGEMENT

(1.) THE Union of India and the Director of Arts and Culture, Puducherry have filed this writ petition against the judgment dated 17.1.2002 passed by the Central Administrative Tribunal, hereinafter referred to as "the Tribunal", in O.A.No.404 of 2001. Such Original Application was filed by the present Respondent No.2 for quashing the proceedings dated 11.1.1999 and memorandum dated 3.3.2001 and consequently to direct the present petitioners to give promotion to such applicant to the post of Senior Library Information Assistant with effect from 11.1.1999, the date on which the present third respondent (who was also the third respondent before the Tribunal) was promoted. For convenience, the parties are described in the manner as they were arrayed in the Original Application before the Tribunal.

(2.) THE applicant initially joined services under Respondent Nos.1 and 2 as Assistant Librarian Grade III with educational qualification of "French Brevet" (equivalent to Matriculation) with certificate in Library Science. Subsequently, he was promoted as Assistant Librarian Grade II on 17.9.1971 and to the post of Assistant Librarian Grade I on 12.9.1979. THE applicant was posted in Karaikal Public Library and he was in charge of the entire library and subsequently he was transferred on 2.6.1995 to Romain Rolland Library, Puducherry. Since he was not promoted to the post of Senior Library and Information Assistant, he had filed O.A.No.914 of 1998, which was disposed of by the Tribunal by order dated 28.11.2000 by observing to consider the case of the applicant for promotion under the existing recruitment rules. Subsequently, by order dated 3.3.2001, the Government rejected such representation on the ground that the applicant was not qualified for the promotion to the post of Senior Library and Information Assistant as he did not have the required educational qualification for such post. THEreafter, the applicant filed O.A.No.404 of 2001 wherein the orders dated 11.1.1999 and 3.3.2001 were quashed and a direction was issued to the following effect:-

(3.) HAVING concluded as above, the Tribunal proceeded to hold that the conditions indicated in G.O.Ms.No.27 dated 2.4.1992 would be applicable, wherein the post of Library and Information Assistant is considered as promotional grade from the post of Library Clerks and similarly the post of Senior Library and Information Assistant is considered as promotional grade for Library and Information Assistant. The Tribunal further observed that in such G.O. it had no where stated that for promotion, the individual concerned should possess the same qualification as that of a candidate from direct recruitment quota. Accordingly, the Tribunal gave the direction that the case of the applicant for the post of Senior Library and Information Assistant should be considered from the date when his immediate junior was promoted. It was further indicated that in case the applicant was promoted, he would be entitled to notional pay and notional seniority benefits and would not be entitled for backwages.