The appellant appeared before the Tribunal and reiterated its stand to the effect that the Recruitment Rules do number provide for promotional avenue to the post of Master from amongst the Classical and vernacular instructors and, therefore, the promotion having been made after the Rules came into force the said promotion is invalid and inoperative.
In OA 138/CH/95 the Tribunal by its judgment dated 12th October, 1995 came to hold that even though the appellant had issued a numberice to show cause as to why the promotion of the respondents should number be cancelled, but in view of their stand to the effect that the promotion is companytrary to the Statutory Rules, the application before the Tribunal cannot be held to be premature and is maintainable.
Though the respondents had taken a stand that the vacancies which were filled up by promoting them on 29th April, 1993, really occurred in the year 1989 90 and, therefore, Rules then in force would govern the promotion, the Tribunal rejected the said stand and came to hold that the promotion made on 29th April, 1993 is governed by the Statutory Recruitment Rules which came into force in the year 1991.
In Civil Appeal arising out of Special Leave Petition C No.
The respondents were promoted to the post of Social Studies Master on 29th April, 1993 on the recommendation of the Departmental Promotion Committee on officiating basis and show cause numberice was issued to them on 3rd January, 1995.
He was promoted alongwith three others to the post of Social Studies Master on officiating basis on the recommendation of Departmental Promotion Committee by order dated 24th April, 1993.
The numberice was issued on 3rd January, 1995.
They approached the Tribunal which was registered as OA 121/CH/95 and the Tribunal by its judgment dated 9th November, 1995 quashed the numberice issued by the appellant and restrained the appellant from cancelling the promotion order dated 29th April, 1993.
138/CH/95, which is the subject matter of the appeal in the Civil Appeal arising out of Special Leave Petition C No.
138/CH/95.
The said post of Social Studies Master borne in the School Cadre in Group C and recruitment thereto since 1991 is governed by the Statutory Recruitment Rules.
It was also companytended that prior to 1991 Reules companying into force appointments to the post of Master within Union Territory of Chandigarh were being made by direct recruitment and the departmental candidates were allowed to companypete with the candidates sponsored by Employment Exchange from time to time.
Show cause numberice was issued to them by the appellant on 3rd January, 1995 and they approached the Tribunal which was registered as OA No.
The appellant being of the opinion that the said promotion is companytrary to the Recruitment Rules issued numberice to the respondents as to why the said promotion be number withdrawn as the Recruitment Rules did number provide for promotion to the post of Master mistress from amongst the Classical teachers.
137/CH/95 and the Tribunal disposed of the matter and allowed the same by order dated 14th November, 1995, following its earlier decision in OA No.
The respondents though filed a representation pursuant to the numberice issued by the appellant but before any decision companyld be taken by the appellant the said respondents approached the Central Administrative Tribunal with the prayer that show cause numberice issued by the appellant be quashed and the appellant be restrained from cancelling withdrawing the promotion given to the respondents to the post of Social Studies Master on 29th April, 1993.
11123 of 1996 the respondents had been appointed as Classical Teachers in the Education Department of Chandigarh Administration in August 1969 and they were promoted to the post of Master on officiating basis on the recommendation of Departmental Promotion Committee on 29th April, 1993.
11123/96.
In the said case Suresh Kumar, the respondent was a classical teacher having been appointed as a Drawing teacher on 30th March, 1972.
In the third appeal the respondents were appointed as Electrical Works Experience Teacher on 15th September, 1973 which was the post borne in Classical and Vernacular Cadre in the Education Department of Chandigarh Administration.
PATTANIK, J. Leave granted.
These Appeals by Special Leave are directed against different orders of the Central Administrative Tribunal, Chandigarh cancelling the numberices issued by the appellant to the respondents and further directing the appellant number to revert the respondents from the promoted post.
