UNION OF INDIA Vs. BHUPAT SINGH

JUDGEMENT

(1.) The petitioners by filing this petition under Articles 226/227 of the Constitution of India have called in question the legal propriety the order dated 22 -12 -2000 passed by the Central Administrative Tribunal, Jabalpur Bench in Original Application No. 523/97.

(2.) The respondent then appeared in the written test and was declared successful by the petitioner. After the written test a typing test was held of all the candidates in which the respondent could not qualify and, therefore, was not found successful and accordingly, not promoted. It is not in dispute he was much senior to others who got qualified and consequently got promoted.

(3.) The above referred conditions were however, withdrawn by the petitioners vide order dated 3 -2 -1997 and it was made clear that "henceforth promotions may be made on probation basis and the staff may be allowed two years time from the date of promotion to qualify the prescribed typing test." This order was issued pursuant to the demand of and discussions in Joint Consultative Machinery.