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2019 Supreme(Guj) 1124

ANANT S.DAVE, ALPESH Y.KOGJE
F. Roy Choudhary – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :G.M. Joshi, Senior Advocate
For the Respondents:Niral R. Mehta, Nilay A. Thaker and Shalin N. Mehta, Senior Advocate assisted by Vidhi J. Bhatt

JUDGMENT :

Alpesh Y. Kogje, J.

1. This petition under Articles 226 and 227 of the Constitution of India is filed challenging the judgment and order dated 09.09.2004 passed by the Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad in Original Application No. 529 of 2002. Under the impugned judgment and order, the Tribunal dismissed the application of the petitioners which was challenging promotions of respondent Nos. 4 to 116.

2. Before the Tribunal, it was the case of the petitioners that the petitioners who were discharging their duties as Inspectors in the Customs and Central Excise Department as direct recruits or by promotion between 1991 to 1995, belonging to general category, formed feeder cadre for the post of Superintendent.

2.1. Before the tribunal, it was the case of petitioners that the respondent no. 2 appears to have ignored this important principle laid down by the Hon'ble Supreme Court of India and has granted promotion to the SC/ST candidates far in excess to their quota and their entitlement. From the promotion order Annexure A/2 it can be seen that what appears to have been done is that 166 SC/ST candidates have been given promotion considering their seniorit

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