UNION OF INDIA Vs. H SIVA MOHANA RAO

JUDGEMENT

(1.) Heard Sri R.S. Murthy, Counsel representing the writ petitioners. None present representing the respondent. The Writ Petition is filed by the Union of India represented by General Manager, South Central Railway, Rail Nilayam, Secunderabad and others for issuance of a writ of certiorari or any other appropriate writ, order or direction to set aside the order of the Central Administrative Tribunal, Hyderabad Bench made in O.A.No.850/98 dated 3-3-1999 and pass such other suitable orders.

(2.) The 1st respondent in the Writ Petition H. Siva Mohan Rao is the applicant in O.A.No.850/98 aforesaid. The Central Administrative Tribunal was shown as 2nd respondent who had been referred to as unnecessary party. Hence the applicant in the O.A. is hereinafter referred to as respondent and the respondents in the O.A. are hereinafter referred to as petitioners for the purpose of convenience.

(3.) The respondent filed O.A.No.850/98 on the file of Central Administrative Tribunal, Hyderabad Bench praying for issuance of an order or direction to the petitioners in the Writ Petition declaring that the respondent/applicant is deemed to have been promoted to the post of Senior Clerk-Head Clerk in Civil Engineering Department of South Central Railway from the date when his junior in the category of Junior Clerk Smt. K. Susheela was promoted to the said post and also grant the special pay of Rs.70/- in the post of Senior Clerk from the date when his junior Smt. K. Susheela was given the same with all attendant and consequential benefits including seniority and arrears of pay and pass such other suitable orders. The Central Administrative Tribunal, Hyderabad Bench, hereinafter in short referred to as Tribunal after appreciating the respective contentions of the parties came to the conclusion that the writ petitioners themselves have admitted that in the cadre of Junior Clerk, the respondent/applicant should be placed in between Smt. Pramila and Smt. Susheela and if so they do not see any reason for not promoting him as Senior Clerk when his senior and junior are promoted as Senior Clerks on the basis of seniority of interpolation in the cadre of Junior Clerk. It was also held that the writ petitioners appear to have disposed of the case by the impugned order dated 13-4-1998 without applying their mind and hence the same was set aside and the respondent/applicant is entitled for promotion of Senior Clerk from the date when his immediate junior was promoted as Senior Clerk and on that basis the respondent/applicant is also entitled for further consequential promotions in accordance with law. It was further held that in the result the impugned order dated 13-4-1998 is set aside and the respondent/applicant should be in the seniority list as Senior Clerk on par with his immediate junior Smt. K. Susheela and consequential benefits arising on that basis on the placement of the respondent/applicant in the category of Senior Clerk should be given to him in accordance with law and accordingly the O.A. was disposed of. Aggrieved by the same, the Union of India and others/respondents in the O.A. had preferred the present Writ Petition.