RABINDRA KUMAR SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) EXAMINING the matter on merits sans the order of the Tribunal will be a futile academic exercise. In so far as 1991 is concerned, the petitioner had not qualified in the examination. He was not a qualified candidate in the examination of 1993. The Tribunal records, the petitioner failed to qualify. In so far as other candidates are concerned, one candidate Lal Babu mentioned in paragraph no. 6. of the order, the Tribunal mentioned he was a better candidate who was adjusted on promotion. The Tribunal mentions that because of non availability of vacancy no examination was held in the year 1994 to 1996. The aspect of the petitioner being considered for promotion whether by an examination or without examination will only arise when a vacancy is available. Clearly on record there is no vacancy. Thus, the Court is unable to certify that the Tribunal has committed any error in considering the matter of the promotion of the petitioner and in the absence of a vacancy as at present. It needs to be recalled that up to 1996 there was no vacancy. The claim petition of the petitioner was filed in 1997. The matter has to be seen when the cause was filed before the Tribunal.

(2.) PETITIONER is Dismissed.