LAXMIDHAR DEHURI Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner has filed the present writ application with the following prayer;

(2.) The petitioner being a member of Scheduled Tribe was appointed as a Peon during 1982. In the year 1995, he passed H.S.C. Examination. As per the Gradation List for the post of Peons under Annexure-1, while his name appeared against Sl. No.13, name of one K.B. Mohanata appeared against Sl. No.21.2. Thus, the petitioner claimed that he was/is senior to said K.B. Mohanta. In the year 1997, the petitioner was promoted to the post of Daftary. On 18.5.1998, the above named K.B. Mohanta was promoted to the post of Assistant Compiler in Group "C". Much after, on 17.10.2003 under Annexure-2 Series, the petitioner submitted a representation for promotion to the post of Group "C". On 9.1.2004 (under Annexure-2 Series), again he made a representation with a prayer to give him promotion to the Group "C" post (Assistant Compiler) with effect from 1998. Vide Annexure-4 dated 29.1.2004, he was intimated that promotion quota from Group "D" to Group "C" posts of Assistant Compiler had already been exhausted and his case for promotion against reservation quota from Group "D" to Group "C" would be considered as and when vacancies would arise, as per Rules. Despite assurances when nothing was done, on 16.1.2005 under Annexure-2 Series, he submitted another representation praying therein that as vacancies were now available in the grades of Assistant Compiler and L.D. Clerk, the authority should consider his case sympathetically and pass necessary orders along with his promotion against one of the said vacancies. During 2006, vide Annexure-3, the petitioner was informed that his case for promotion to the Group 'C' post against the percentage reserved for Group "D" employees would be considered by the DPC in its next meeting along with other eligible Group "D" employees. Vide Annexure-7, dated 16.11.2007, the matter was enquired into by the Research Officer & Regional Head of National Commission for Scheduled Tribes which recommended that the petitioner should be given promotion to Group "C" post with effect from 1998. Despite this when nothing was done, on 14.6.2007, the petitioner requested opposite party no.2 to consider his grievance petition dated 9.1.2004 under Annexure-2 Series as he had become eligible for promotion to the Group "C" (Assistant Complier) post since 1998. Further, he submitted a representation on 14.1.2013 under Annexure-8 to the Director of Census Operations, Orissa and prayed that his case for promotion to the post of Assistant Compiler in Group "C" post with effect from 18.5.1998 be considered when his junior was promoted. Ultimately nothing was done and the petitioner filed O.A. No.636 of 2013 before the leaned Central Administrative Tribunal, Cuttack Bench, Cuttack with the following prayer;

(3.) This Court called for the LCR vide order dated 19.8.2014. From the order sheet of the learned Tribunal, it appears that the case was registered on 11.9.2013 and the matter was taken up on 13.9.2013 and was dismissed on the same date vide Annexure-9 at the initial stage.