J RAMA RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present petitioners had filed O.A.No,408 of 2003 before the Central Administrative Tribunal (in short -Tribunal-), claiming the following reliefs :-

(2.) THE main contention raised in the Original Application was to the effect that the direction given by the Supreme Court in Writ Petition (Civil) Appeal No,306 of 1988, disposed of on 22.11.1996, directing the Government to rearrange the inter se seniority of promotees in Group -A- services of the Customs and Excise Department and further directing the Government to give the consequential promotion, had not been fully complied with inasmuch as the Department, even though had given promotion from retrospective date, had denied the benefit of the pay scale of the promotional post.

(3.) LEARNED counsel for the petitioner has contended that there was long standing dispute relating to inter se seniority from among the promotee Group -A- Officers and such dispute was resolved by the Supreme Court, which gave a direction for giving consequential promotion and, therefore, while giving promotion, the pay applicable to such promotional post would not have been denied. LEARNED counsel for the petitioner has placed reliance upon the decision of the Supreme Court reported in 2002(1) Supreme 364 (FOOD CORPORATION OF INDIA v. S.N. NAGARKAR) in support of such contention.