UNION OF INDIA Vs. S.B.DAMLE

JUDGEMENT

(1.) HEARD Shri Sudame, learned counsel for the petitioners and Shri Harsulkar, learned counsel for Respondent No. 1.

(2.) THE petition is directed against the order dated 27.11.2003 passed by the Central Administrative Tribunal, whereby the Original Application filed by Respondent No.1 came to be allowed and the petitioners were directed to treat Respondent No. 1 as deemed to have been promoted on 2.8.2000 and were further directed to pay him all consequential monetary as well as promotional benefits etc.

(3.) THE learned counsel, therefore, contended that the selection which is made by the panel of the petitioners of Respondent No.1 would be valid for two years or till these are exhausted, whichever is earlier. Shri Sudame, learned counsel states that in this connection Rule 224 -l(i) of the Indian Railway Establishment Manual Rules, is relevant which reads thus: "(i) The employee refusing promotion expressly or otherwise (i.e. That he does not give in writing his refusal but also does not join the post for which he has been selected) is debarred for future promotion for one year but he is allowed to be retained at the same station in the same post. Promotion after one year will be subject to continued validity of the panel in which he is borne otherwise he will have to appear again in the selection."