PRAMOD GOYAL Vs. UNION OF INDIA & ANR.

JUDGEMENT

(1.) By this writ petition, a challenge is made to the order date.23.01.2013, passed by the Central Administrative Tribunal, Jaipur, on an Original Application preferred by the applicant-petitioner herein.

(2.) The Original Application was filed to challenge the order date.08.09.2008. It is stated that in pursuance of the recommendation of the review DPC, the promotions were given to the petitioner and others for the relevant vacancy years. The claim of the petitioner was for promotion to the post of Head Clerk for a year earlier to the year of promotion assigned to him.

(3.) It is also submitted that petitioner is a disabled person thus was required to be assigned seniority corresponding to the roster point meant for disabled persons. While considering the case of the petitioner in review DPC, he was compared with one Shri Ghisa Lal (ST candidate) for assigning seniority. The consideration was in ignorance of roster points meant for promotion to the post of Head Clerk. The petitioner was having a claim of promotion on the roster point meant for disabled candidate and it was falling prior to the roster point for ST candidate. If Ghisa Lal was also recommended for promotion to the post of Head Clerk against the vacancy year 1993-94, petitioner should have been placed higher in the seniority viz-a-viz Shri Ghisa Lal. The promotion and seniority should have been corresponding to roster point meant for different categories of candidates. Due to ignorance of the roster point meant for disabled persons, while granting promotion to the petitioner on the post of Head Clerk against the vacancy year 1993-94, Shri Ghisa Lal was placed above petitioner though roster point meant for ST candidate was subsequent to the roster point meant for disabled person. The prayer is accordingly made to set aside the order passed by the Central Administrative Tribunal and allow the prayer made by the petitioner-applicant. The petitioner should be assigned seniority above Ghisa Lal on the post of Head Clerk against the vacancy year 1993-94 with consequential benefits of promotion to the next post.