BABY NANDA Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition is filed seeking quashing of order dtd. 24/12/2021 passed by Central Administrative Tribunal, Jaipur (for short 'the Tribunal') dismissing the O.A. No.304/2013 titled as Jamuna Prasad versus Union of India & Ors.

(2.) The brief facts are that the petitioner in the year 1980 joined the department of Atomic Energy as Scientific Assistant 'B'. On 1/2/2001, petitioner was promoted to post of Scientific Officer 'E'. The petitioner was not given promotion to the post of Scientific Officer 'F'. The representation of the petitioner raising a grievance for not granting promotion to the post of Scientific Officer 'F' was rejected as the petitioner was not eligible due to adverse ACRs.On 6/9/2010, the adverse ACRs for the period from 1/12/2008 to 30/6/2009 were communicated to the petitioner. The representation dtd. 29/9/2010 filed by the petitioner was rejected on 16/11/2010. Aggrieved of the rejection of the representation, the petitioner filed an appeal which was not being decided and petitioner filed OA No.222 of 2012 before the Tribunal. Vide order dtd. 17/4/2012, the appellate authorities directed to decide the appeal within three months of the receipt of the order. The appeal was rejected on 1/1/2013. The OA No.304/2013 was filed challenging the appellate order dtd. 1/1/2013 and the order rejecting the representation.

(3.) Learned counsel for the petitioner submits that appellate order dtd. 1/1/2013 was never under challenge in the earlier litigation. The rejection of the representation and the appellate order was passed after communication to the adverse remarks in pursuance to the directions of the Tribunal in OA No.15/2022.