UNION OF INDIA Vs. RAKESH KUMAR

JUDGEMENT

(1.) This writ petition has been filed against the order dated 10.05.2019 (Annexure P-6) of the Central Administrative Tribunal, Chandigarh Bench in Contempt Petition No.060/0141/2018 in Original Application No.864/PB/2011, whereby the officers of the petitioner- Union of India were held guilty for not implementing the order dated 20.05.2015 passed in O.A.No.864/PB/2011 and granted two weeks time to implement the order failing which they were directed to remain present in court for framing of charges against them.

(2.) Respondent No.1 joined the service of the Railways in 1981 under the quota of sportsman. He filed OA No.864/PB/2011 seeking quashing of the orders dated 08.04.2014 and 21.06.2010 vide which his claim for promotion to the post of Goods Guard had been rejected. He prayed that he be promoted to the post of Goods Guard on the basis of selection held in the year 2005 with all consequential benefits of seniority and arrears of pay and allowances with interest from the date the amount became due till actual payment.

(3.) The Tribunal concluded that the official communications placed on record proved that he had been duly selected for the post in 2005 exam. The officers of the petitioner herein were not able to controvert this allegation that he had been wrongly denied promotion. Thus, the OA was allowed vide order dated 20.05.2015. The petitioner herein was directed to give promotion to respondent No.1 to the post of Goods Guard w.e.f. the date of promotion of the last candidate selected through the 2005 exam. He was also held entitled to all consequential benefits.