LAWS(CA)-2014-11-18

CHANDRA BHAN SINGH GOND Vs. UNION OF INDIA

Decided On November 14, 2014
Chandra Bhan Singh Gond Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE applicant approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 for challenging the impugned order dated 1.11.2012 passed by respondent No. 3 (Annexure A -1) thereby declining to grant him promotion as Turner, High Skilled Grade -I (for short HS -I) in Schedule Tribe category w.e.f. 17.5.2009.

(2.) THE applicant was initially appointed as Turner, Semi Skilled with the respondents on 05.10.1999. He was promoted to the post of Turner Skilled on 19.10.2001 and thereafter as Turner, High Skilled -II (for short HS -II) on 17.5.2006. Subsequently he was promoted as Turner (HS -I) w.e.f. 28.11.2011, vide office order Annexure A -3. According to him, the said date is incorrect and he should have been promoted to the said post w.e.f. 17.5.2009 when the vacancy in the ST category accrued.

(3.) THAT , the applicant was never called upon to appear in the trade test in the year 2009 and 2010. It is only in the year 2011, he was called upon and after declaring him successful in the test, he was promoted by order dated 28.11.2011 (Annexure A -3) to the post of Turner (HS -I). He submitted representation dated 17.8.2012 (Annexure A -5) which was wrongly rejected by passing the impugned order dated 1.11.2012 (Annexure A -1). It is stated that Shri J.P. Bajpai was wrongly promoted in April 2009 in the vacant post reserved for ST category.