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1995 Supreme(SC) 370

FAIZAN UDDIN, S.C.AGRAWAL
P. Sheshadri – Appellant
Versus
Union Of India – Respondent


Advocates:
A.K.SRIVASTAVA, KISHORE PATEL, P.P.MALHOTRA, SATYA MITRA GARG, SUSHMA SURI

JUDGMENT

FAIZAN UDDIN, J.—Delay condoned.

2. Leave granted. Counsel for the parties are heard.

3. In this appeal under Article 136 of the Constitution of India the appellant has challenged the judgment dated 31-7-1992 passed by the Central Administrative Tribunal, Hyderabad Bench at Hyderabad (hereinafter referred to as the Tribunal) dismissing the application of the appellant filed under Section 19 of the Administrative Tribunals Act, 1985 against the respondents herein seeking the relief of declaration that the action of Respondents 1 and 2 in not promoting the applicant to the post of Deputy Director/Executive Engineer along with other candidates by an order dated 28-2-1990 as arbitrary or illegal. In the said application the appellant also sought a direction to the respondents to declare him as having been promoted to the post of Deputy Director/Executive Engineer with effect from 28-2-1990 with all consequential benefits.

4. The short question that arises for determination by this Court in this appeal is whether the Tribunal has correctly interpreted the Office Memorandum No. 27/2/71-E 4(SET) dated 27-11-1972 in holding that theappellant was not entitled to be promoted as Deputy














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