ROOP SINGH Vs. CENTRAL ADMINISTRATIVE TRIBUNAL, CHANDIGARH

JUDGEMENT

(1.) This petition seeks quashing of order dated 5.5.2006 Annexure P. 5 and order dated 18.7.2007, Annexure P. 13 passed by the Central Administrative Tribunal (CAT).

(2.) Case of the petitioner is that he was appointed as an Inspector in the Central Excise Commissionerate Bombay-2, on 17.5.1983. He was transferred to Chandigarh Commissionerate on 1.9.1986. In the seniority list as on 1.1.1997 he was placed at Sr. No. 220. Vide decision dated 29.5.1997, upgradation of 134 posts of Inspectors to the level of Superintendent Group 'B' was sanctioned for Chandigarh Commissionerate. 104 posts were allocated to general category and 30 to SC/ST category. While making appointments, candidates belonging to SC/ST category promoted on their own merit were considered against the reserved vacancies in violation of law laid down by the Hon'ble Supreme Court in Indra Sawhney and others V/s. Union of India and others, 1993 AIR(SC) 477,R.K. Sabharwal and others V/s. State of Punjab and others, 1995 AIR(SC) 448 The petitioner challenged the order dated 17.10.2002, Annexure P.1, rejecting his representation and the CAT vide order dated 10.2.2004, Annexure P.2, allowed the claim of the petitioner in following terms :

(3.) The petitioner challenged the same by filing a writ petition in this Court, which was dismissed with liberty to the petitioner to file a review petition in the first instance vide order dated 5.5.2006. Accordingly, the petitioner filed review application, which has been dismissed by the impugned order dated 18.7.2007, Annexure P. 13.