UNION OF INDIA Vs. SHAMRAO JAYSING SHINDE

JUDGEMENT

(1.) Being aggrieved by the judgment and order dtd. 26/10/2016, passed by the Central Administrative Tribunal (hereinafter referred to as "CAT") directing Petitioners to grant Respondent promotion to the post of Assistant Naval Store Officer (hereinafter referred to as "ANSO"), Grade-II with effect from 31/5/2007, and to consider him for promotion to the post of ANSO, Grade-I, subject to the convening of the Departmental Promotion Committee (hereinafter referred to as "DPC"), the present writ petition is filed by the Union of India and others.

(2.) The Respondent was the original Petitioner. He preferred Original Application No.583 of 2014 seeking reliefs to direct the Petitioners to correct the date of promotion of Respondent from 27/5/2013 to 31/5/2007 and to consider his case for further notional promotion to the post of ANSO Grade-I, from the date when his junior was promoted to the said post.

(3.) The case of the Petitioner before the Tribunal was that he was appointed as Storekeeper on 1/1/1982. On 30/10/1994, he was promoted to the grade of Senior Storekeeper with effect from 9/11/1994. In 1997, criminal proceedings were initiated against him for the offence of committing fraud in a cooperative society. The review DPC was held on 29/8/2009 to consider the Respondent for promotion to the grade of Foreman of Store in the year 2003-2004. However, the Respondent's assessment was kept in a sealed cover as Criminal Case No.279/P/1998 was pending against the Respondent in the Court of Metropolitan Magistrate, Mumbai. The Respondent's junior came to be promoted to the grade of Foreman. On 31/5/2007, the junior employees, i.e. Jadhav, N. Pydi Raju and M. Narayana Rao, were promoted to the post of ANSO Grade-II. On 10/1/2012, two junior employees, Raju and Rao, were also promoted to the post of ANSO Grade-I. On 4/4/2013, Respondent was acquitted in the criminal proceedings by the Metropolitan Magistrate, Mumbai. On 24/5/2013, the review DPC considered the Respondent's case for ANSO Grade II. On 27/5/2013, the Respondent was promoted to the post of ANSO Grade-II effective from 27/5/2013. On 25/9/2013, the department granted promotion to the Respondent to the post of Foreman with effect from 26/8/2003, i.e. the date of promotion of his immediate junior.