LAWS(JHAR)-2013-12-45

GURU PRASANNA DAS Vs. UNION OF INDIA

Decided On December 10, 2013
Guru Prasanna Das Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Being aggrieved by the order dated 19.4.2012 passed by the Central Administrative Tribunal in O.A No.24/2010, declining to quash the communication dated 7.10.2009 and 18.12.2009 and also declining to issue direction to the respondents to declare the petitioner as senior to D.B.Ghosh and to grant all promotional avenues and benefits in accordance with rules, the writ petitioner has approached this Court in the present writ application.

(2.) Brief facts:- The petitioner was appointed as Health Inspector on 29.11.1984 and 7th. Respondent, D.B.Ghosh, was appointed as Health Inspector on 26.1.1991. For selection of one post of H&MI Gr.II in the pay scale of Rs.1600-2660/-, the petitioner along with one S.K.Dubey was called to appear for written test fixed on 14.10.1992 and both of them secured qualifying marks and they were called for viva-voce and both attended the viva-voce. In viva-voce, S.K.Dubey was found suitable and the said S.K.Dubey was empaneled and he was promoted to the said post of H&MI Gr.II. Again the petitioner was called for further selection for the post of H&MI Gr.II and the petitioner appeared in the written examination, vide letter dated 11.11.1994, and the said selection was treated cancelled by the competent authority due to some procedural lacuna by the letter dated 27.2.1996.

(3.) Thereafter in further selection of one post of H&MI Gr.II, the petitioner along with D.B.Ghosh, who was 7th respondent in O.A No.24/2010, appeared for the written examination on 21.8.1996 with a supplementary date on 20.9.1996. In the said examination, both of them secured qualifying marks in the viva-voce held on 29.10.1996 with supplementary date on 8.11.1996 and D.B.Ghosh was found suitable and he was empaneled for the post of H&MI Gr.II and the said D.B.Ghosh was promoted and posted by office order no.570/11 of 1996 dated 15.11.1996 and he joined on the said post of H&MI Gr.II on 16.11.1996.