VIPIN DAS BAIJAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has invoked the provisions of article 226 of the Constitution of India and sought to challenge an order dated 20th June, 2003, passed by the Central Administrative Tribunal (CAT) , Mumbai bench, Mumbai, whereby his Original Application No. 85 of 2003 was dismissed. Petitioner, being aggrieved by an order dated llth November, 2001, issued by the respondent No. 1, whereby respondent No. 4 who is junior to the petitioner has been promoted as Deputy Nautical Advisor (for short DNA) against the vacancy of the year 1999-2000, whereas the petitioner has been promoted against the vacancy of the year 2000-2001, had preferred the said original Application before CAT.

(2.) The petitioner was appointed as Nautical Surveyor in the office of the director General of Shipping on 15th March, 1991. Respondent No. 4 was appointed as Nautical Surveyor on 17th December, 1993. Petitioner obtained degree of M. Sc. from World Maritime University, Malmo, Sweden sometime in december, 1997. Petitioner appeared for the Part B Examination in September, 1998 as, in view of the Circular dated 16th October, 1995 issued by respondent no. 2, Part A and D of the examinations were not required to be passed by a candidate who held M. Sc. degree from World Maritime University. Sweden. The remaining examination of one paper of Part C was held in'december 1998 and the petitioner appeared accordingly. The petitioner was declared successful in january, 1999. Petitioner, therefore, became eligible for Extra Master's competency Certificate. The said Certificate of Competency as Extra Master came to be issued to the petitioner on 19th February, 1999, with specific reference that the petitioner has passed the examination in December, 1998.

(3.) As per the Recruitment Rules, the essential qualifications for departmental candidates for promotion to the post of Deputy Nautical Advisor (for short DNA) are (i) Extra Master's Certificate of Competency (ii) experience in command of foreign going ships and (iii) 5 years of regular service in Nautical surveyor's grade. The petitioner, therefore, since passing of examination in december, 1998, was eligible for the promotion to the post of Deputy Nautical advisor against the vacancy of the year 1999-2000.