ASHOK KUMAR DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S. Deka, learned counsel for the petitioner as well as Mr. Bidyut Sarma, learned counsel representing the respondent Nos. 1, 2 and 3.

(2.) The petitioner had initially instituted Original Application No. 040/00004 of 2014 before the Central Administrative Tribunal, Guwahati Bench seeking direction for his promotion from the post of Head Assistant to Senior Accountant at Head Quarter 25 Sector, Assam Rifles. Dispute having arisen with regard to vacancy position in the post of Senior Accountant and the manner in which 33 (thirty three) posts of Senior Accountant had been filled up from amongst combatant personnel, which posts were in fact created by the Government of India to be filled up from the Civilian Stream, the Tribunal disposed of the said Original Application by order dated 22.01.2014 directing the respondent authority, more particularly, the Director General, Assam Rifles, Shillong to treat the Original Application as a representation and to render decision within a period of 3 (three) months from the date of receipt thereof. In pursuance thereof, Office Order dated 22.05.2014 was issued by the respondent authority rejecting the claim of the petitioner made in its representation. This order of 22.05.2014 was assailed in Original Application No. 040/00405/2014. The order dated 07.12.2015 passed in the said Original Application is the subject matter of challenge in the proceeding before us.

(3.) Prayer made in the Original Application was for quashing the said order dated 22.05.2014 with prayer for further direction to the respondent authorities to review the fixation of seniority/promotion of the petitioner and to regularize the service rendered by the petitioner in the civilian post, as detailed in paragraph 4 of the Original Application.