The Central Administrative Tribunal must act independently as the court of first instance and cannot rely on previously quashed High Court orders in its adjudication.

JUDGMENT :

1. Both the writ petitions have been listed together for analogous hearing.

2. The prayers have been made in both the writ petitions for quashing of the order dated 01.10.2024 passed by the learned Central Administrative Tribunal, Patna Bench, Patna (Circuit Bench at Ranchi) in O.A. No. 162 of 2019 and O.A. No. 163 of 2019, whereby and whereunder, the relief sought for in the original applications have been allowed.

3. The reliefs which were the subject matter of the two original applications are as follows:

In. O.A. No. 162 of 2019:

i. For commanding upon the respondents for promoting the applicant in the IDA pay scale w.e.f. 01.10.2004 under the Non- Executive promotion Policy (hereinafter referred as NEPP) which has arbitrarily and erroneously been given from 03.10.08 instead of 01.10.04 against their own policy decision although the other similarly situated person have been granted the promotional benefits as per the policy framed under ii. For commanding upon the Respondent not to convert the GPF contribution made by the applicant into EPF contribution which has been erroneously done by the Respondent against the benefits and interest of the applicant.

iii. For quashing of the letter no.ST/MISC/Complain/JKD/DMK/2006/54 dated 19.09.2014 whereby and where under the Presidential Order issued vide letter no. 27/1/JHAR/Dumka/200/2021 dated 06.03.2022 was cancelled in the most arbitrary manner.

In O.A. No. 163 of 2019:

i. For quashing of the office order no. Estt/Relax/JKD/R.Pd/dated 04.08.07 issued under the signature of respondent no.8 whereby and where under the said respondent has rejected the request and representation of the applicant for converting her post from Group/ D to Group C ignoring the fact that the initial appointment of the applicant was approved by the department in Group-C.

ii. For commanding upon the respondents to convert the post of the applicant from Group D to Group C as per the office order dated 12.07.2000 passed by the respondent no.6 wherein sanction and approval was given for appointment of the applicant in Grade C.

iii. For quashing of the letter no. ST/MISC/Complain/JKD/DMK/2006/54 dated 19.09.2014 whereby and where under the Presidential Order issued vide letter no. 27/1/JHAR/Dumka/200/2021 dated 06.03.2022 was cancelled in the most arbitrary manner.

4. This Court, before proceeding with the matter by appreciating the arguments advanced on behalf of the parties, deems it fit and proper to refer the brief facts.

5. The respondent herein, initially had approached to this Court by invoking the jurisdiction conferred to this Court under Article 226 of the Constitution of India by filing two writ petitions being W.P.(S) No. 7714 of 2012 and W.P.(S) No. 7380 of 2012 and in both the writ petitions, positive directions were passed.

6. The writ petitioner, Bharat Sanchar Nigam Limited (BSNL), had preferred letters patent appeal being L.P.A. No. 393 of 2018 and L.P.A. No. 130 of 2018 against the orders passed by the writ court merely on the ground that the writ court was not having jurisdiction to entertain the writ petitions in view of the fact that the respondent was the employee of the Central Government, as such, is coming under the fold of Section 14 of the Administrative Tribunal Act, 1985 and for those litigant, a forum has been carved out by making amendment in the Constitution by insertion of Article 323A in the Constitution of India.

7. The letters patent appellate court primarily relied upon the judgment rendered by the Hon’ble Supreme