SATYA NARAIN SHUKLA Vs. UNION OF INDIA

JUDGEMENT

(1.) Aggrieved by non-inclusion of the name of the petitioner, who is a Member of Indian Administrative Services, in the panel for the Post of Additional Secretary and Secretary in the Government of India, petitioner filed Original Application No. 39 of 1998, before the Central Administrative Tribunal. Petitioner inter-alia also prayed therein; that the opposite parties may be directed to ignore the A.C. Rs. awarded to him for the years 1994-95, 1995-96 and 1996- 97, while considering him for empanelment as Secretary to the Government of India and the Union of India, and the Cabinet Secretary to the Government of India may also be directed to streamline the system of recording A.C. Rs of the Members of Indian Administrative Services.

(2.) Central Administrative Tribunal by the judgment and order dated 28.4.2000, rejected the O.A. No. 39 of 1998 on the grounds that it is not at all necessary to examine the shortcomings in the format of A.C.R. in Public Interest. Secondly, the relief claimed by the applicant can be well considered and examined in the light of Para 14 of the Scheme which provides that while due regard would be given to seniority, filling up of any specific post would be based on merit, competence and specific suitability of the Officer for a particular vacancy. Further, it is not at all necessary for the Committee to give details for inclusion and reasons for non-inclusion of names.

(3.) Petitioner has now approached this Court, questioning the correctness of the judgment and order dated 28.4.2000, inter-alia on the grounds that the Tribunal had not considered all the points and legal issues mentioned in the pleadings and, therefore, erred in law in holding that the post of Additional Secretary or Secretary to the Government of India, is not a promotional post; the Tribunal has also erred in holding that the prayer for empanelment to the post of Additional Secretary has been rendered infructous as the petitioner's case had been considered for the post of Secretary to the Government of India.