MOHAN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in the present writ petition is to an order dated 11th May, 2012, passed by the Central Administrative Tribunal, Patna Bench, Patna(for short Tribunal) in a Review Application, whereby the earlier order dated 17th Aug., 2009 was recalled. The respondents 2nd set in this writ petition were the Applicants before the Tribunal, who sought review or recall of an earlier order passed by the Tribunal on 17th Aug., 2009.

(2.) In the first order, the Tribunal has dismissed the Original Application holding that the pay-scale for promotees in the feeder cadre is the determining factor for seniority, and the guidelines framed by the Department of Personnel and Training had to be strictly followed. However, a review application was filed after none of the members of the Bench who decided the Original Application were available. Such review application had been allowed on 11th May, 2012. The operative part of the order reads as under:

(3.) The sole basis of recall of the order is that the applicants had filed a copy of the letter of the Central Board of Direct Taxes dated 06.04.2009 i.e., prior to the decision of the Tribunal, indicating the position in the rules in regard to determination of inter-se seniority. Since such letter was not produced, therefore, the Tribunal has recalled the earlier order.