AYUB ALI Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) We have heard the learned counsel for the parties at length and perused the record of the case.

(2.) The petitioner joined the respondent-department as Oil Engine Driver at Palam on 01.06.1967. Respondent No. 5 joined on the same post on 21.02.1968. Both petitioner and respondent No. 5 were promoted on the post of Engine Fitter on 10.11.1976. Respondent No. 5 was relieved from the post of Oil Engine Driver and joined at Sirsa on the promoted post on 01.12.1976. On the other hand, the petitioner was relieved for joining on the higher post on 07.12.1976 and joined on the said post on 08.12.1976. Both petitioner and respondent No. 5 were promoted as HS Grade-II with effect from 15.12.1984 by order dated 01.03.1987. In the interregnum, respondent No. 4 was further promoted as HS Grade-I with effect from 15.10.1985 by order dated 23.09.1987. On the other hand, the petitioner was reverted by order dated 15.10.1987 even from the post of HS Grade-II to Engine Fitter. The petitioner challenged the reversion order by filing O.A. No. 1638 of 1987 before the Principal Bench of Central Administrative Tribunal, New Delhi. During the pendency of the O.A., the petitioner continued making representations against the order of reversion. The O.A. was allowed on 31.07.1992. The petitioner had filed the O.A. on the ground that his case is covered by O.A. No. 578 of 1986 filed by the persons who had been similarly situated. It appears that the petitioner and other similarly situated persons had claimed that they have been reverted by the respondents without observing the roster which was meant for SC/ST. From the above, it becomes apparent that the petitioner had not been reverted on the ground of any inefficiency or misconduct. The O.A. was allowed. The order dated 08.04.1986 was held to be invalid. Resultantly, the order of reversion of the petitioner was quashed. Thereafter, the case of the petitioner was reconsidered for further promotion in the D.P.C. which had been held in December, 1995 and October, 1996. The petitioner made representations for consideration of his claim but the same were not considered. Ultimately, the representations made by the petitioner were decided on 26.12.1997. It was observed that the petitioner had been reverted as Engine Fitter due to some irregularities which had been corrected on the basis of O.A. which has been filed by the petitioner and allowed. Mr. Major Singh was promoted Vehicle Mechanic HS Grade-I with effect from 15.10.1985 on his turn. The order specifically mentions that the case of the petitioner was presumably not considered by the D.P.C. as the matter was sub judice. The inaction in the case of the petitioner is sought to be explained by the respondents on the ground that the copy of the order passed in the O.A. was not made available till 03.5.1997.

(3.) Aggrieved by the order passed by the respondents the petitioner filed O.A. No. 224-HR of 1998, which has been dismissed in limine on the ground of delay and laches on 20.04.1998.