An application under Section 19 of the Administrative Tribunals Act, 1985 must be filed within a period of one year from the date of the impugned order. A person who is not aggrieved by an order cannot maintain an application under Section 19 of the Act. An application under Section 19 of the Act cannot continue after the retirement of the applicant.

( 1 ) THIS application under Article 226/227 of the Constitution of India is at the instance of one of the respondents in an application under section 19 of the Administrative Tribunals Act ("act") and is directed against order dated January 2, 2007 passed by the Central administrative Tribunal, Calcutta Bench, in O. A. No. 73 of 2006 heard analogously with O. A. No. 164 of 2006, thereby allowing those original applications and setting aside the promotion of the present writ petitioner to the post of the Senior Deputy Director General (Scientific and Technical support Service) of the Geological Survey of India ("g. S.. " ). Consequently, the order dated 29th November, 2004 and other order dated 30th December, 2005 were also quashed. The employer was directed to act strictly according to the Rules prevalent at the time when the vacancy arose by convening a new D. P. C. with further direction that such exercise should be completed within a period of ninety days from the date of communication of the said order.

( 2 ) BEING dissatisfied, the respondent No. 5 before the Tribunal, whose appointment was set aside, has come up with the present writ application.

( 3 ) THE facts giving rise to filing of the present writ application may be summarized thus:

(a) One Dr. Mrinal Kanti Mukhopadhyay, the respondent No. 5 herein, working as Senior Deputy Director General (Operations) G. S. I, filed o. A. No. 73 of 2006 before the Tribunal thereby challenging the action of the employer to consider Shri Prakash Murlidhar Tejale (hereinafter called Tejale), the petitioner before us, for the post of director General, G. S. I by holding a D. P. C. in 2005 and showing him to be the only eligible officer for promotion to the said post. His allegation was that Tejale was not at all eligible to be considered for the said post in terms of the Recruitment Rules as he originally belonged to the Geophysics Instrumentation Cadre and was last holding the post of the Deputy Director General (Geo-Physics instrument) wherefrom there could be no promotion to the post of senior Deputy Director General (Scientific and Technical Support service ). According to the applicant, he was holding the post of Senior deputy Director General (Operations) and being a member of the mainstream of Geological Cadre, he had the eligibility for consideration of promotion to the post of Director General. He alleged that he was not considered to the post of Director General, G. S. I, on the ground that Tejale was promoted to the grade of Senior Deputy Director general at an earlier point of time though in fact the latter could not have been considered for promotion to the grade of Senior Deputy director General (Scientific and Technical Support Services ).

(b) In the past, the respondent No. 5 had filed another application under section 19 of the Act being O. A. No. 1069 of 2005 which was disposed of by the Tribunal by its order dated September 30, 2005 by directing the employer to complete the D. P. C. proceeding for filling up the post of Director General, G. S. I, and the connected process within a period of three months from the date of communication of that order in accordance with law, keeping in view, the various Government orders and instructions including that of DOPT contained in the letter dated october 25, 2004. The Tribunal further directed the employer not to disturb the interim arrangement made for looking after the duties to the post of D. G. , G. S. I, by the respondent No. 5. The Tribunal, however, did not' decide the question of seniority in dispute and left it to the Government to decide in a fair and just manner.

(c) By filing the subsequent application before the Tribunal, out of which the present writ application arises, the respondent No. 5 contended that the promotion of Tejale to the grade of Senior Deputy Director general was illegal as the post of Deputy Director General (Geo- physics Instrumentation) is not a feeder post for prom