LAWS(P&H)-2014-3-8

UNION TERRITORY, CHANDIGARH ADMINISTRATION Vs. TARLOCHAN SINGH

Decided On March 05, 2014
UNION TERRITORY, CHANDIGARH ADMINISTRATION Appellant
V/S
TARLOCHAN SINGH Respondents

JUDGEMENT

(1.) Challenge in the present writ petition is to an order passed by the Central Administration Tribunal, Chandigarh Bench, Chandigarh (for short 'the Tribunal'), on 15.3.2012, allowing an Original Application holding that applicant-respondent Nos. 1 to 3 are entitled to the grant of regular promotion with effect from the date the vacancies became available.

(2.) Respondent Nos. 1 to 3 (hereinafter referred to as the applicants), were promoted as Executive Engineers (Public Health) on 11.2.2010. However, the claim is for promotion from the day the vacancies became available i.e. on 1.6.2005, 1.9.2005 and 10.6.2006, respectively. It is the said application, which has been allowed by the Tribunal.

(3.) Applicant-Tarlochan Singh discharged duties of Executive Engineer (Public Health) on current duty basis from 5.2.2004 till 16.3.2006 and then from 1.5.2008 till 11.7.2008 when he was promoted as Executive Engineer on adhoc basis. Such period was extended from time to time. Applicants, Rajinder Singh and Ashok Kumar Duggal discharged the duties of Executive Engineers (Public Health), on current duty basis with effect from 1.7.2004. Applicant Nos. 2 and 3 were promoted as Executive Engineers (Public Health) on adhoc basis vide order dated 11.1.2008. The applicants filed OA No. 667-CH-2009, claiming directions to the petitioners to consider and finalise their case for promotion from the date the vacancies became available. Such Original Application was withdrawn on 9.12.2010, after the applicants were promoted on 11.2.2010 on regular basis, with liberty to claim promotion to the applicants with effect from the date the vacancies became available.