BADAR DURREZ AHMED, J (ORAL)

1. This writ petition has been filed by the Union of India being aggrieved by the order dated 07.02.2007 passed in OA No.1466/2006 by the Central Administrative Tribunal, Principal Bench, New Delhi.

2. The issue before the Tribunal was whether the respondent (Shri R. N. Malhotra), who was a retiree and had not been considered for promotion during the period prior to his superannuation as the DPC was not convened in time, could be granted notional promotion pursuant to the DPC convened after his superannuation. The Tribunal disposed of the Original Application by directing the Union of India to consider the grant of notional promotion for the purposes of pay fixation and retiral benefits to the said Shri R. N. Malhotra. The Tribunal also directed that the said Shri R. N. Malhotra would be entitled to consequential retiral benefits which shall be provided within a period of two months of the date of receipt of copy of the order dated 07.02.2007.

3. Mr Sinha appearing on behalf of the Union of India submitted that the direction given by the Tribunal by virtue of the impugned order dated 07.02.2007 is based on complete misreading of the DOPT OM date