THE UNION OF INDIA Vs. HARENDRA PRASAD GUPTA

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order of the Central Administrative Tribunal, Patna Bench, Patna dated 23.05.2016, passed in OA 749/2015 this writ application has been preferred by the Railways. They want this order to be set aside because they are of the opinion that the decision of the Tribunal suffers from certain illegalities in not considering the facts as well as the circulars issued by the Ministry of Personnel, Public Grievances and Pension under the Department of Personnel and Training in the right perspective.

(2.) The sole private respondent was the applicant before the Central Administrative Tribunal. He prayed for the following reliefs :

(3.) The Tribunal considered the submissions made on behalf of the contesting parties. The promotion of the private respondent i.e. the applicant was in relation to the vacancies available for the year 2012-13, but since the DPC was not convened by the UPSC for the said year, but was delayed and a recommendation was made by the UPSC only on 202.2015, the private respondent had reason for a grievance. Delay in consideration for grant of promotion against the vacancies for the quota for the year of vacancy, had implications for future promotion. The Tribunal, therefore, observed as under :