UNION OF INDIA Vs. PANKAJ DHAR DUBEY

JUDGEMENT

(1.) The Union of India through its officials of the North-Eastern Railway, Gorakhpur and the Principal of the North-Eastern Railways Boys Inter College, Gorakhpur have filed this petition challenging the order dated 9th November, 2010 passed by the Central Administrative Tribunal, Allahabad in Contempt Petition No. 70 of 2010 whereby the Tribunal has summoned the then General Manager, North-Eastern Railway, Gorakhpur, Chief Personnel Officer, North-Eastern Railway, Gorakhpur and the Principal of the Boys Inter College, North-Eastern Railway, Gorakhpur for the disobedience of the orders dated 6th December, 2006 and 18th November, 1990 passed by the Tribunal in Original Application No. 509 of 2004.

(2.) The respondent no. 1-Pankaj Dhar Dubey sought promotion as a Lab Assistant in Boys Inter College, North-Eastern Railway, Gorakhpur. This claim of the respondent no. 1 was rejected by the order dated 22nd December, 2003. The same was challenged by him in Original Application No. 509 of 2004. The said application was allowed on 6th December, 2006. One of the major contentions between the parties was in relation to the availability of the post of Lab Assistant for satisfying the claim of such promotion. The order of the Tribunal dated 6th December, 2006 decided the said contention by recording as follows :-

(3.) The operative part of the aforesaid order is as follows :-