MANZUR HAIDER Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners in this WPCT under Article 226 of the Constitution of India dated February 13, 2013 are questioning an order of the Central Administrative Tribunal, Calcutta Bench (Circuit at Port Blair) dated December 17, 2012 (WPCT p.92) dismissing their OA No.158/AN/2012.

(2.) THE petitioners contended that they were entitled to promotion to the post of Executive Engineer with all consequential benefits w.e.f. January 1, 2007 when they had become eligible for consideration, because for undisclosed reasons the authority did not convene the DPC meeting and for belated DPC meeting they were promoted to the post only from September 20, 2012.By the impugned order the Tribunal dismissed the OA relying on the decisions of the Supreme Court in Union of India v. K.K.Vadera and Ors., 1989 Supp2 SCC 625 and Baij Nath Sharma v. Hon ble High Court at Jodhpur, 1998 7 SCC 44.

(3.) BEFORE us Mr.Singh, advocate for the petitioners, has strenuously argued that since the authority concerned failed to convene the DPC meeting in time, the eligible petitioners were promoted long after the date they had became eligible for promotion to the post. His submission is that for the authority's failure and lapses the petitioners cannot be denied the benefit of the promotional post w.e.f. January 1, 2007 at which date they had became eligible for consideration.