UNION OF INDIA Vs. PRADIP KUMAR ACHARJEE

JUDGEMENT

(1.) HEARD Mr. S. Sharma, learned Standing Counsel, N. F. Railway appearing for the petitioners as well as Mr. G. K. Bhattacharjee, learned Sr. counsel assisted by Mr. B. Choudhury, learned counsel representing the respondent No. 1.

(2.) BY means of this writ petition filed under Articles 226/227 of the Constitution of India, the petitioners have sought for issuance of writ of or in the nature of Certiorari and/or Mandamus and/or any other appropriate writ, order or direction for quashment of the impugned judgment and order dated 27. 4. 2001 passed by the Central Administrative Tribunal Guwahati Bench (for short, 'the CAT') in O. A. No. 172, of 1998.

(3.) ON close perusal of the impugned judgment and order, it appears that the respondent No. 1, being aggrieved by the order dated 24. 6. 98 (i) promotion the nine officers, respondent Nos. 2 to 10, being junior to him, to the rank of Assistant Electrical Engineer superseding the respondent No. 1 as well as (ii) the selection process including the select list prepared by the Selection Committee for the post of Assistant Electrical Engineer Group-B against the 70% vacancies, moved the application being O. A. No. 172/98 before the CAT seeking interference with the said order of promotion by which the respondent No. 1 was superseded without considering his case for promotion though he fell within the zone of consideration for such promotion.