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2021 Supreme(Del) 186

RAJIV SAHAI ENDLAW, AMIT BANSAL
Suresh Singh – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. A.K. Bhakt.
For the Respondents: Mr. J.K. Singh, Mr. Amit Kumar.

ORDER :

1. This writ petition, under Article 226 of the Constitution of India, impugns the order dated 25th September, 2020 of Central Administrative Tribunal (CAT), Principal Bench, New Delhi, of dismissal of O.A. No. 1385/2020 preferred by the petitioner.

2. The petitioner superannuated from the service of the respondents Indian Railways, on 31st August, 2018, from the post of Senior Assistant Financial Advisor; post retirement, he filed the O.A. from which this petition arises, contending that he acquired eligibility to be considered for promotion to the next post of Group-A/Junior Scale in Indian Railway Accounts Service (IRAS), in the year 2016; though there was an obligation on the part of the respondents, to convene the Departmental Promotion Committee (DPC) for promotion of the petitioner, but the DPC was not convened for the financial years 2016-17 and 2017-18 and was held ultimately, only on 28th October, 2019 but by which time the petitioner had already superannuated. The relief, in the O.A. of directing the respondents to consider the petitioner for promotion, in the financial years 2016-17 and 2017-18, was claimed.

3. CAT has dismissed the O.A. reasoning that (i) it is we

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