UNION OF INDIA Vs. RAMESH AHLUWALIA

JUDGEMENT

(1.) THIS is a petition for quashing the order dated 6.11.2000 passed by the Central Administrative Tribunal. Chandigarh Bench (for short, 'the Tribunal') directing the petitioners to hold Review Departmental Promotion Committee for considering the case of respondent No, 1 for promotion to the post of Senior Time Scale (Group A) Divisional Engineer.

(2.) THE facts of the case are that respondent No. 1 -Ramesh Ahluwalia joined service on 17.11.1967 as Engineer Supervisor in Telecommunication Department. He was promoted to Telecommunication Engineering Service (Group B) w.e.f. 30.6.1981 and then as Senior Assistant Engineer (Group B) after completion of 12 years service . He filed an application under Section 19 of the Administrative Tribunals Act, 1985 with the prayer that the petitioners (non - applicants No. 1 and 2 before the Tribunal) may be directed to convene Review D.P.C. for considering his case for promotion to the cadre of Senior Time Scale (Group A) Divisional Engineer by alleging that 23 persons junior to him had been promoted on 19.12.1997 without considering his candidature.

(3.) AFTER considering the rival pleadings and hearing the counsel for the parties and taking note of the fact that during the pendency of the application, the applicant had been promoted to the Senior Time Scales (Group A), the Tribunal allowed the application and directed the petitioners to convene Review D.P.C. to consider the case of respondent No. 1 for promotion with effect from the date his juniors had been promoted. The relevant extracts of the Tribunal's order read as under :