NANDA BARUAH Vs. SOUMITRA SEN

JUDGEMENT

(1.) HEARD Mr. S.S. Dey, learned Counsel appearing for the two writ petitioners in WP (C) No. 4123/08. Also heard Mr. A. Thakur, learned Counsel representing the National Council for Hotel Management & Catering Technology and the Institute, who have filed the WP (C) No. 4429/08. Mr. S. Sharma, learned Counsel makes submission on behalf of the respondent No. 1, who was the applicant in OA 64/07 before the Central Administrative Tribunal (CAT), Gauhati Bench, hereinafter referred to as 'the Tribunal'.

(2.) THIS case pertains to a claim for promotion to the post of Sr. Lecturer in the Institute of National Council for Hotel Management Catering Technology and Applied Nutrition, Guwahati (hereinafter referred to as the 'Institute'). The writ petitioners challenge the direction given by the Tribunal in the OA 64/07 filed by the respondent No. 1 Soumitra Sen, directing to consider Shri Sen for promotion to the post of Sr. Lecturer under the erstwhile Recruitment Rules 1998 (hereinafter referred to as the '1998 Rules') and also to consider him for posting to the post of Director/Head of Department (HOD) of the Institute. The two writ petitioners in WP (C) No. 4123/08 are also aggrieved by the Tribunal's impugned order whereby their promotion to the posts of Sr. Lecturers has been set aside and quashed.

(3.) APPEARING for the Institute and the Hotel Management Council, who have filed WP (C) No. 4429/08 Mr. Thakur submits that the Institute of Hotel Management, Guwahati is circumscribed by the guidelines prescribed by the Ministry of Tourism and also the National Council of Hotel Management & Catering Technology, New Delhi and it is submitted that only after long persuasion by the Institute, the Tourism Ministry on 17.5.04 had sanctioned the posts of 2 Sr. Lecturers, for the Institute. The learned Counsel further submits that all the 4 serving Lecturers were found eligible for being considered for promotion to the newly sanctioned posts of Sr. Lecturer. On merit too they were found equal when the DPC considered the eligible candidates on 24.9.04 and accordingly seniority titled the scale and the DPC recommended the two senior most of the 4 lecturers for promotion.