ORDER

The petitioner has raised a jurisdictional issue. The learned single Member of the Tribunal has dismissed the petitioner s application in O.A. No. 648/92 by order dated May 11, 1993. Learned counsel Shri D.K. Garg relies upon Section 5 of the Administrative Tribunals Act, 1985 (for short, the Act ) to contend that the single Member had no jurisdiction to decide the matter relating to promotion of the petitioner. His case is that the joined the Department as a semi-skilled workman and was later on appointed as Asstt. Store Keeper against OEP vacancy in

Dehradun. When juniors and also seniors to him were promoted in OEP Section, he has singled out violating his right for consideration for appointment to the-higher post in OEP Section. The case of the respondents is that he was in Maintenance Section, though at the initial stage when OEP Section was a cell he had worked therein. Therefore, he was not eligible to be considered. All others were transferred along with the posts to the Ordnance factory while he remained in Maintenance Section. As a consequence, they formed a class, the petitioner being a class apart.

2. The question, therefore, is whether the learned single Member o