BRIJ KISHORE RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition has been filed against the order of the Central Administrative Tribunal (CAT) dated 20 September, 2002 on O.A. No. 693 of 2001. : Brij Kishore Roy and Ors. V/s. The Union of India and Ors. by which the Tribunal has declined to interfere to grant reliefs for promotional avenues of the applicants before the Tribunal.

(2.) BEFORE this Court, only five of the applicants have filed the petition. These are Brij Kishore Rai, Manoj Kumar Mathur, Harendra Kumar Mishra, Irshad Ahmad and Nagina Singh. They were applicant nos. 1, 5, 7, 25. and 26. The petition is, in effect, defective for mis -joinder of parties. If the group which filed the claim petition before the Tribunal were 27 then it is entirely up to them to join the petition if they so like and those who have not joined may be added. Counsel for the Union of India will ensure that memoranda of petition is corrected and the balance of them are added as proforma respondents. The Stamp Reporter will also heat a caution on this matter to examine the matter from the impugned order or before it a formal order and submit his report accordingly should any of the parties in original cause are left out.

(3.) THE petitioners seek promotion to higher positions. Regard being had to the circumstances that at the time of entry of service they had been recruited on the basis of the qualifications they possessed with no commitment that they will compete with other staff of All India Radio and/or Prasar Bharti. It was no way also a condition of service to receive promotions as of right.