NARENDRA SINGH RATHORE Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition, the petitioner challenged the impugned judgment and order dated 30.03.2010, passed by Central Administrative Tribunal, Gauhati Bench, in O.A. No. 38 of 2009, whereby and whereunder the Tribunal dismissed the prayer of the petitioner for promotion to the post of Hindi Officer. The petitioner also challenged letters No. 1.14017/Rec (Adm-IV)/NSR/2008/161 dated 17.12.2008 and No. 1.14017/C/ Rec(Adm-IV)NSR/08/170 dated 30.12.2008(Annexure 9 and Annexure-10 to the writ petition), issued by the respondent No. 2, refusing the prayer of the petitioner for his promotion to the post of Hindi Officer and the petitioner sought the following relief:

(2.) The respondents by filing a common written statement inter alia stated that the Tribunal rightly dismissed the application of the petitioner since the post of Hindi Officer had already been combatised as Subedar Major (Hindi Officer) and since there was no post of Hindi Officer, lying vacant after combatisation, the petitioner was not entitled for the promotion. It was further stated that the petitioner worked as a Hindi Officer on deputation for three years but he could be considered for promotion to the post by the DPC as he did not fulfill the ACR criteria. It was further stated that combatisation order was passed on 19.09.1989, laying down the condition that incumbents, who do not opt for combatisation, will continue in the civil post until superannuation under the existing condition of service, which will be deemed to continue as personal to them. The post of Hindi Officer, which was equivalent to the post of Subedar Major, in civilian side stands abolished. The petitioner was given opportunity to opt for combatisation but he rendered his unwillingness on 14.01.2006 and after the order of the Tribunal a second chance was given but he did not opt for combatised post, and hence, the petitioner was not eligible to be considered for promotion to the post of Hindi Officer. After RPE the post of Hindi Officer, in civilian side, since was not in existence, the petitioner had no case to claim promotion to the post of Hindi Officer from the post of Hindi Translator Grade-I.

(3.) We have heard learned counsel, Mr. M. Chanda for the petitioner and learned C.G.C., Mr. S.C. Shyam for the respondents.