Union of India vs Shri B. Venkatesan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Del) 323

REKHA PALLI, GIRISH KATHPALIA
Union of India – Appellant
Versus
Shri B. Venkatesan – Respondent

Advocates appeared:
Mr.Akshay Amritanshu, SPC with Mr. Samyak Jain, Ms.Anjali Kumari and Mr. Ayush Raj, Advocates, for the Petitioners.
Mr.P.B.A.Srinivasan, Mr.V.Arvind, Ms.Srishti Bansal and Mr.Sumit Swami, Advocates, for the Respondents.

JUDGMENT

Rekha Palli, J. (Oral) - The present writ petition under Articles 226 & 227 of the Constitution of India seeks to assail the order dated 23.02.2012 passed by the learned Central Administrative Tribunal (hereinafter referred to as `the Tribunal') in O.A. No.3091/2010. Vide the impugned order, the learned Tribunal has allowed the Original Application preferred by the respondents by directing the petitioner to examine the case of each of the respondents, along with other eligible officers of DPA Grade A, for promotion to the post of DPA Grade-B against each vacancy year w.e.f. 1995. The Tribunal has further directed that in case any of them are found eligible for promotion against a vacancy for any year prior to 2005, they be granted promotion on notional basis, with those already working on the promotional post on ad hoc be also granted consequential benefits.

2. Learned counsel for the petitioner submits that the learned Tribunal has erred in passing the impugned directions to consider the respondents for promotion to the post of DPA Grade-B against vacancies from year 1995. He submits that the Tribunal has failed to appreciate that in fact there was no vacancy in this post f

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