This led to the promotions to NFSG Grade in the following manner Effective Date Respondent 19.2.1991 Shri Trehan 1.6.1990 Shri Nampoothiry 1.7.1990 In the promotions to next grade i.e. Senior Administrative Grade in short SAG , following was the position Effective Date Respondent 7.3.1997 Shri Trehan 1994 95 Shri Nampoothiry 1994 95 CAT Principal Bench in OA No.
Review petition filed by the respondent was dismissed by the Tribunal by order dated 12.5.2003 holding that review was number maintainable.
The CWP 1375/2002 filed earlier by appellant number1 against Tribunals Order dated 23.10.2001 was dismissed by the High Court by order dated 30.9.2002.
On 7.8.2004 Government filed review application RA 30/2004 in OA 1002/2003 before the Tribunal, Chennai Bench.
By this Courts order dated 26.9.2003, order of the High Court dated 14.8.2002 was stayed thus resorting the judgment of the Tribunal dated 7.1.99 striking down the retrospective reservation in promotion.
217/02 filed by the respondent was dismissed by the Principal Bench of the Tribunal by order dated 23.10.2002 holding that the respondent has been companysidered by the department and number found fit for promotion and that numberjunior to the respondent had been promoted.
As numbered, there was numbergrievance prior to 7.3.1997.
It is to be numbered that there was numberdirection for promotion and only for companysideration.
On 20.6.1968 Mr. M.M. Nampoothiry and Mr. D.K. Trehan joined the Indian Economic Services in Grade IV.
On 30.9.2004, draft seniority list was issued in implementation of decision of Tribunal, Chennai Bench.
Respondent who was on deputation was informed on 28.7.1987 that his proforma promotion is with effect from 9.3.1987 i.e. the date on which his immediate junior i.e. Mr. Balraman assumed charge in the Labour Bureau, Shimla.
In a subsequent DPC for the vacancy year 2002 03, for one vacancy the senior to the respondent who fulfilled the benchmark was recommended.
On 2.9.2003, the respondent filed OA No.1002/03 before the Tribunal, Chennai Bench.
17 26.2.1987 being DPC date The numberification issued on 9.3.1987 in respect of promotion to grade II shows the respondent at serial number 41 and Shri Trehan and Shri Nampoothiri at serial numbers 16 and 17 respectively.
The Delhi High Court by order dated 14.8.2002 in Civil Writ Petition number888/89 set aside the order of the Tribunal dated 7.1.1999 which struck down retrospective amendment of Rule 13 of IES Rules and remanded the matter to the Tribunal.
On 15.1.2003, respondent resigned from service.
On 30.4.2004, Tribunal Chennai Bench directed the appellant to companysider respondent for HAG with reference to his original seniority in Grade III i.e. w.e.f.
1124/00 and 1002/03 had been implemented by issuance of a seniority list.
Review Petition CP No.
This position becomes important as according to appellant, respondent in the present case was aware of his seniority position on deputation to grade II at serial number 41, where he had slipped in position vis a vis Shri Trehan and Shri Nampoothiri at serial numbers 16 and 17 respectively.
By order dated 21.9.2005, Tribunal directed that review DPC is to be held and its decision is to be implemented.
On 14.12.2005, Review DPC through special request to UPSC was held as per the directions of Tribunal, Chennai Benchs order dated 21.9.2005.
On 26.4.2005, CP 21/05 was filed by the respondent.
The respondent Mr. P.M. Rangaswami also joined the Indian Economic Services in Grade IV on 8.7.1970 On 11.6.86, in view of the judgment of this Court in Narender Chadha and Ors.
The promotion was by selection.
It was held that the order dated 30.4.2004 passed by the Tribunal in OA No.1002/2003 had number been companyplied with deliberately and, therefore, the said act amounted to companytempt.
The Government issued a detailed speaking order on 30.12.2005 dealing with the representation of the respondent and informing him that his case has been companysidered in terms of the order of the Tribunal and that upon such companysideration he has number been recommended for promotion to HAG.
Final seniority list was issued by the Department on 25.10.2005 purportedly on the basis of this Courts order in case relating to the validity or otherwise of retrospective application of Rule 13 of IES Rules.
Review petition filed by the appellant is disposed of on 21.12.2004.
The DPC proceedings were, therefore, companysistent with the Tribunal and High Courts orders.
7.5.2002, the date on which his alleged juniors in Grade III of the service were promoted to HAG.
v. Union of India and Ors.
However, the Tribunal recorded the fact that the order of the Tribunal in OA No.
However, another officer was exonerated.
The Tribunal numbered that since the case of respondent was companysidered by the Government for promotion in HAG, there was numberwilful disobedience on their part.
The same order was fixed by DPC.
It was observed that the functionaries and various officers acted in a canalized manner in flouting the directions of the Tribunal.
1206 and 1288/93 by order dated 7.1.1999 struck down the numberification of the Government providing for reservation in promotion to the extent the same made it retrospective.
The respondent who was on deputation wrote to the cadre authority on 17.6.1987 to let him know the date of his promotion with reference to his immediate junior that is one Balraman as per numberification dated 9.3.1987 referred above.
137 2.4.1980 Shri Nampoothiry Serial No.
The Tribunal was of the view that the appellant number1 and its named functionary were guilty of companytempt.
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment rendered by the Madras Bench of the Central Administrative Tribunal in short the Tribunal .
1986 SCC 157 the reservation in promotion was applied by which the seniority position in Grade III Deputy Director was fixed as follows Respondent Serial number65 7.3.1997 Shri Trehan Serial No.
The position as fixed as follows Respondent Serial number41 26.2.1987 being DPC date Shri Trehan Serial No.
138 2.4.1980 On 26.2.1987 based on the said seniority position of Grade III, promotions to Grade II Junior Administrative Grade in short JAG subsequently denoted as Grade I was effected.
16 26.2.1987 being DPC date Shri Nampoothiry Serial No.
Review petition was filed by the respondent in OA No.1124 of 2000 before the Principal Bench of Tribunal on 15.11.2002.
