UNION OF INDIA Vs. TARA SEN

JUDGEMENT

(1.) This appeal, by the Union of India, is directed against the judgment dated 31.03.2016 delivered by a learned Single Judge of this Court in WP(C)65/2015 wherein he issued the following directions:

(2.) The main case of the petitioners was that whereas they were considered ineligible for consideration under the Career Advancement Scheme (CAS) to the higher grade, the private respondents who were appointed either on the same date as the petitioners or on dates subsequent to the appointment of the petitioners have been considered and granted the benefit of the Scheme.

(3.) It was not disputed before the learned Single Judge and has in fact not been disputed before us also that the petitioners were actually not even considered for grant of benefit under the CAS. The learned Single Judge held that if persons who were appointed alongwith the petitioners or subsequent thereto were considered, the petitioners also had a right to be considered because they were not otherwise ineligible for consideration and if the National Institute of Technology, Agartala wanted to have a minimum of 5 years experience, as was urged before the learned Single Judge, for being considered for grant of CAS then how could the condition of 5 years experience be waived off in case of the private respondents. The observations of the learned Single Judge in para-20 in this behalf are very relevant.