RAMESH CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been preferred against the order dated 10th November, 2008 (Annexure P/4) passed in Original Application No. 734/2007 by the Circuit bench sitting at Indore of the Central Administrative Tribunal, Jabalpur Bench, rejecting thereby Miscellaneous Application No. 713/2007 submitted by the Petitioner for condonation of delay and consequential dismissal of the original application.

(2.) Briefly stated relevant facts are that the Petitioner was appointed on the post of Upper Division Clerk (UDC) in the Department of Revenue under the Ministry of Finance on 15.01.1969. After passing the requisite departmental examination for Ministerial Staff (UDC) in July 1972, the Petitioner qualified for the post of Inspector of Income Tax in the year 1981. In view of his seniority, he made an application for grant of notional promotions in the cadre of Supervisor Grade-II and the Inspector of Income Tax from the date from which another employee junior to him, namely, Smt. M. Varghese, was promoted. His application contained prayer for fixation of his seniority, salary and pension accordingly. His contention was that he was promoted to the post of Head Clerk (presently known as the post of Assistant) with effect from 11.06.1991 and Smt. M. Varghese, though junior to the Petitioner, was declared to be deemed to be notionally promoted as Head Clerk with effect from 11.06.1991 vide office order No. 1606/96 dated 26.04.1996. Petitioner submitted that he ought to have been promoted to the next higher post of Supervisor Grade-II (now known as the post of Office Superintendent) with effect from 30th January, 1995, when Smt. M. Varghese was promoted, as Supervisor Grade-II vide order No. 17 dated 26.04.1996. Similarly, Petitioner was promoted to the cadre of Inspector with effect from 26.02.2001 vide order No. 51/01 dated 24.12.2001, whereas Smt. M. Varghese was promoted as Inspector with effect from 31.07.1997 vide order No. 22 dated 31.07.1997. According to the Petitioner, Smt. M. Varghese, being junior to him, could not have been promoted on the aforesaid various posts prior to him.

(3.) Petitioner made various representations from time to time including earliest one dated 23.06.1978. Other representations were stated to have been made on 05.11.1980, 25.02.1982, 27.05.1987, 05.11.1989, 19.08.1994, 16.02.1995 and 01.08.1995 as enclosed to the representation dated 30th August/26th September, 1996. According to him, none of the earlier representations was decided. It was only vide Annexure A/1 dated 22.08.2006 communicated to the Petitioner vide letter dated 22.03.2007 received at his end on 15.04.2007 that he was informed about the final rejection of his representation, Original Application (OA) was submitted alongwith an application under Section 21 of the Administrative Tribunal Act, 1985, seeking condonation of delay, alongwith affidavit.