JUDGMENT :

Matter has been heard through video conferencing and there is no complaint whatsoever regarding audio and/or visual quality.

2. This case is listed under the heading for ‘Orders (with defect)’. Defects ignored.

3. Heard learned counsel for the parties.

4. In the facts and circumstances of the case, the defects, pointed out by the office, are ignored.

5. With the consent of learned counsel for the parties, the matter is being heard and disposed of at this stage itself.

6. This writ petition, filed under Article 226 of the Constitution of India, is directed against the order dated 25.03.2021 passed in O.A. No. 238 of 2021 by learned Central Administrative Tribunal, Patna (Circuit Bench, Ranchi), whereby and whereunder according to writ petitioner grant of ad interim ex-parte stay, over order dated 01.03.2021 by which the writ petitioner was reverted back to the post of Technical Assistant, has been refused; further for quashing of order dated 01.03.2021 by which the petitioner has been reverted back to the post of Technical Assistant; and for quashing transfer order dated 18.02.2021; as also for direction upon the respondents to restore the petitioner on his earlier post, on which, the writ petitioner was working.

7. The case of the writ petitioner, as per the pleadings made in the Original Application, as has been appended as Annexure 1 to the writ petition, reads hereunder as:

The writ petitioner has joined the services of the respondents on 25.06.1997 on the post of Technical Assistant and while working as such, he acquired four years Diploma in Civil Engineering in the year 2007.

In November, 2011, the respondents-National Highway Authority of India (in short ‘NHAI’) published vacancy for appointment of hundred numbers of Manager (Tech) on deputation basis. The writ petitioner applied for the said post but his application was rejected on the sole ground that senior level experience is less than three years.

Being aggrieved thereof, the petitioner approached before the Central Administrative Tribunal, New Delhi by filing O.A. No. 299 of 2012, which was disposed of vide order dated 11.12.2012 directing the respondents to consider the eligibility of the applicant for the post of Manager (Technical) keeping in view his experience.

It is the case of the writ petitioner that even after the aforesaid order, his application was not considered in right prospective and the same was rejected by the respondents-authorities.

Being aggrieved, the writ petitioner again approached before the Central Administrative Tribunal, Principal Bench, New Delhi by filing O.A. No. 1275 of 2014, which was disposed of vide order dated 30.10.2014 directing the respondents to re-consider the case of the applicant for promotion to the post of Manager (Technical) by holding a review Selection Commission.

In compliance thereof, the writ petitioner was promoted to the post of Manager (Tech) w.e.f 18.05.2012. Thereafter, the writ petitioner was promoted to the post of Dy. General Manager (Tech) w.e.f. 18.05.2016 vide order dated 27.10.2017.

The respondents-NHAI, in compliance of judgment passed by Hon’ble Apex Court in the case of Orissa Lift Irrigation Corp. Ltd & Ors Vs. Rabi Shankar Patro & Ors directed the writ petitioner to submit his certificate of degree. Pursuant thereto, the writ petitioner submitted detailed representation on 01.05.2019 mentioning therein to consider his candidature for promotion on the basis of experience, as per Rule laid down in Recruitment Rules, and not on the basis of his B. Tech Degree and further stated therein that the above-referred judgment of Hon’ble Apex Court is not applicable in his case.

The respondents-authority, in the meantime, transferred the writ petitioner from PIU-Hazaribagh to NHAI, HQ vide order dated 18.02.2021 in utter violation of the circular issued by the Project Director.

Thereafter, the writ petitioner, vide order dated 01.03.2021 was reverted to the post of Technical Assistant (without recovery of any monet