UNION OF INDIA Vs. RAJ KUMAR

JUDGEMENT

(1.) We have heard Shri S.K. Rai, learned counsel appearing for the petitioners. Shri Vikas Budhwar appears for the applicant-respondent no.1.

(2.) Shri Vikas Budhwar, learned counsel appearing for the applicant-respondent has raised a preliminary objection to the maintainability of the writ petition in the High Court at Allahabad. He states that the cause of action to the applicant-respondent no.1, Shri Raj Kumar had arisen, when he was posted at Roorkie, District Hardwar in the State of Uttrakhand, and thus even if the Central Administrative Tribunal, which has jurisdiction over the State of UP and State of Uttrakhand, has decided the Original Application, a writ petition challenging the order of the Tribunal would be maintainable in the High Court of Uttrakhand at Nainital.

(3.) The applicant-respondent no.1 had joined the service on 18.4.1979 as Painter in Unit 57 (I) Supply Platoon Army Supply Corps. He? was, along with some other persons, rendered surplus and consequently he was transferred to the Military Engineering Services on 28.4.1982, and was posted as Painter. At the time he was posted as Painter in M.E.S., the respondents issued a Circular dated 15.10.1984, whereby a policy decision was taken by the Government of India for upgradation of the certain posts. Those incumbents, who had been employed in Semi Skilled Grade, and had qualified the trade test subject to the condition, and had rendered a minimum of three years of service, were to be considered for promotion/upgradation in the Skilled Grade. The applicant prayed for quashing the orders dated 31.10.2000, 12.4.2001 and 22.3.2002, denying him upgradation, the last of which was passed at Roorkie, District Haridwar, in the State of Uttrakhand.