GAURISH RANJAN PAUL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. D.K. Biswas, the learned Counsel for the Petitioner. Also heard Mr. A. Lodh, learned Asstt. S.G. for the Respondent Nos. 1 and 2, Mr. K.N. Bhattacharjee, the learned Senior Counsel for the Respondent No. 5 and Mr. S. Chakraborty, the learned Addl. Govt. Advocate appearing for Respondent-State of Tripura.

(2.) The Petitioner Gaurish Ranjan Paul, being aggrieved by the proceedings/order of promotion dated 19.10.1994, promoting the private Respondents, namely, Chandramani Debbarma and Subhendu Sekhar Das, by Original Application No. 240 of 1994, approached the Central Administrative Tribunal, Guwahati Bench, submitting, inter alia, that the promotion of the private Respondents illegally made and was causing hardship to the present Petitioner. It was contended that the private Respondents were junior to the Petitioner and they were, in fact, not qualified for consideration for their appointment by promotion under the Indian Forest Service (Appointment by Promotion) Regulations, 1996 read with Regulations, 1966, amended from time to time. Though the said application No. 240 of 1994 was contested by the parties, but, however, by the order dated 17.12.1998, the Tribunal allowed the petition with the permission in favour of the Petitioner to make his representation before the appropriate Goverrunent with a further direction to the appropriate Government to decide the representation in accordance with law.

(3.) In accordance with the liberty reserved in favour of the present Petitioner, he submitted his representation but, however, the said representation was rejected on 14.10.1999. Thereafter, the Petitioner again filed Original Application No. 193 of2000, which came to be rejected by the Central Administrative Tribunal, Guwahati Bench on 16.08.2001 and, thereafter, the Petitioner has filed this writ petition. It would, however, be necessary to note that during pendency of the Original Application, the applicant was promoted vide order dated 10.03.1997 and subsequently, his promotion was preponed to 18.03.1996.