UNION OF INDIA THROUGH COMMISSIONER Vs. ABU TALEB

JUDGEMENT

(1.) The writ petitioners, in the present case, are aggrieved by the order dated 08.05.2017 passed by Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as "CAT, Patna Bench") by which the CAT, Patna Bench has allowed the O.A. No. 050/00819/2014 holding that the applicant has wrongly become a collateral victim of some litigation initiated by another employee in another jurisdiction in which applicant was not a party. The reversion order dated 03.09.2014 as contained in Annexure-10 to the O.A. with respect to the applicant has been quashed and direction has been issued to restore his promotion with backwages.

(2.) The disputes brought by the applicant before the CAT, Patna Bench was limited to the reliefs praying for setting aside of the memo no. F.11-36/04-BVS [Estt.] Vol.11/179 dated 30.09.2010 issued by the Joint Commissioner, NVS, New Delhi whereby petitioner was reverted from the post of PGT to the post of TGT and his representation was rejected and again on disposal of O.A. No. 750/2010, when a fresh representation was filed, the Commissioner, Navodaya Vidyalaya Samiti vide his order dated 03.09.2014 refused to interfere with the previous order dated 30.09.2010.

(3.) The facts are not in dispute. The petitioner was working in Shillong Region from 29.08.1995 to 07.07.2001, and admittedly his promotion, from the post of TGT to the post of PGT, was considered for the services rendered by him up to December, 2000. When he completed more than five years of continuous service as TGT in North Eastern Region, it was, in fact, the case of the applicant that even though the meeting of the Departmental Promotion Committee was held belatedly but the consideration was based on services for the year 1995 to 2000. This had nothing to do with his work in the State of Bihar.