BRIJ RAJ, IPS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present original application has been filed under Section 19 of Administrative Tribunals Act, 1985 the applicant seeks direction in the nature of mandamus commanding the respondents to open the seal cover for promotion and declare the result thereof and accordingly promote him from the date when due at par with his immediate junior with further prayer to direct the respondents to grant arrears of salary and other consequential benefits from the date it was granted to the juniors and to pass order or direction, which this Tribunal may deem fit under the circumstances of the case. At the out set learned Counsel, who represented the applicant, submitted that the case of the applicant is squarely covered by the order of Madras Bench of this Tribunal dated 19.6.2008 passed in O.A No. 392/07, L. Nadhan v. Govt. of Tamilnadu & Ors., therefore, he requested that similar direction be given to the respondents to open the seal cover and thereafter to promote the applicant from due date with all consequential benefits. Mr. Praveen Shukla, Additional Central Government Standing Counsel, who is having advance notice, appeared on behalf of respondent No. 1 and Mr. K.P. Singh for respondent Nos. 2 and 3.

(2.) IT is not disputed by the learned Counsel representing the respondents that the case of the applicant is squarely covered by the order passed in the case of L. Nadhan v. Govt. of Tamilnadu & Ors. (supra). Mr. K.P. Singh submitted that a direction be given to the respondents to decide the pending representations of the applicant dated 16.3.2007 and April, 2011 (Annexure A -7 and A -8).

(3.) WE have heard Mr. S.K. Om, learned Counsel for the applicant, Mr. Praveen Shukla for respondent No. 1 and Mr. K.P. Singh for respondent Nos. 2 and 3.