VIJAYINDER KUMAR Vs. INDIA TRADE PROMOTION ORGANIZATION THROUGH THE CHAIRMAN & MANAGING DIRECTOR INDIA TRADE PROMOTION ORGANISATION PRAGATI BHAWAN PRAGTI MAIDAN, NEW DELHI

JUDGEMENT

(1.) Applicant had filed this Writ Petition (Now TA -06/2011) before the High Court of Delhi, which was registered as Writ Petition No.4509/2001, whereby the main grievance of the applicant was regarding retrospective promotion granted in favour of respondents No.3 -20, which Writ Petition was subsequently transferred to this Tribunal consequent upon conferment of jurisdiction pursuant to the issuance of notification dated 04.10.2010 under Section 14 (2) of the Administrative Tribunals Act, 1985, whereby the India Trade Promotion Organization (ITPO) was included in the Schedule to the said Act and the same was registered as TA -6/2011.

(2.) Briefly stated, facts of the case are that the applicant was appointed as Deputy Manager (Travel), re -designated as Manager (Travel) w.e.f. 7.3.1991. Respondents 3 -20, who were already promoted in the grade Deputy Manager, re -designated as Manager on ad hoc basis, services of some of them were regularized w.e.f. 20.02.1987 vide the impugned order dated 4.12.1992 (Annexure P -1). It is this order, along with seniority list of Manager issued as on 1.12.1992, issued vide order dated 8.12.1992 and 25.5.2000 and seniority list of Senior Managers as on 10.05.2000 based on the impugned order dated 4.12.1992, which are under challenge in this case and the applicant has prayed that regularization of the services of the respondents retrospectively is illegal, arbitrary and unconstitutional and direction may be given to the respondents to redraw the seniority list of Managers in ITPO according to rules and to hold review DPC for further promotion of the applicant to the next promotional post on the basis of the revised seniority list. Thus, in sum and substance, the grievance of the applicant is regarding regularization of the services of the respondents No.3 -20 retrospectively vide impugned order dated 4.12.1992 (Annexure P -1) and assigning seniority based on such order in the cadre of Deputy Manager, re -designated as Manager and further seniority assigned in the cadre of Senior Manager and promotion made to that cadre.

(3.) Notice of this Application was given to the official respondents, who have filed reply, wherein by way of preliminary objection respondents have stated that the petitioner under the garb of challenging the order dated 22.5.2000 is challenging the order dated 4.12.1992 by which the respondents have regularized the services of the Deputy Managers (General Cadre) who were promoted on ad hoc basis. In the absence of challenge to the order dated 4.12.1992, which is the basis of seniority list dated 22.5.2000, this Tribunal would not like to interfere with the matter after a lapse of almost 09 years and the Writ Petition is liable to be dismissed on this ground.