LAWS(RAJ)-2004-8-26

UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

Decided On August 27, 2004
UNION OF INDIA Appellant
V/S
CENTRAL ADMINISTRATIVE TRIBUNAL Respondents

JUDGEMENT

(1.) THIS writ petition is directed against the order of the Central Administrative Tribunal, Jodhpur dated 13. 12. 2002 rendered in Original application No. 29/2002, whereby the petitioners (herein) were directed to consider the case of the second respondent for being promoted to the post of Office Superintendent Gr.-I in the pay-scale of Rs. 6500-10500 with effect from 19. 09. 1996 i. e. , the date from which persons junior to him were promoted.

(2.) THE second respondent was appointed as Clerk in the pay- scale of Rs. 260-400 in the Railways. It appears that the respondent was denied promotion as Sr. Clerk. Aggrieved by the action of the petitioners the respondent preferred a writ petition in the year 1981 seeking direction to the appellants to promote him as Sr. Clerk. Subsequently, the writ petition was transferred to the Central Administrative Tribunal, Jodhpur Bench. THE Tribunal accepted the writ petition and the same was treated as Original Application and directed the petitioners to promote the second respondent as Sr. Clerk. THEreafter, the second respondent filed Original Application seeking promotion to the post of Head Clerk and Assistant Superintendent. THE relief prayed for by the respondent was accorded by the Tribunal. It appears that for every promotion, the second respondent had to seek legal remedy and only then he was able to secure the promotions. Even he was denied promotion to the post of Office Superintendent Gr.-I.

(3.) IN the circumstances, therefore, we do not find any merit in the writ petition. The writ petition is, therefore, dismissed. .