JUDGMENT

I. M. QUDDUSI, J. : This writ petition has been filed against the judgment/order dated 8th November, 2004 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.608 of 2001 dismissing the OA filed by the petitioner against the order reverting him to the post of Diesel Technician and for a direction to the respondents to promote him to the post of Engineering Assistant with effect from 9.8.2000.

2. The brief facts of the case are that the petitioner was appointed as a Diesel Engine Driver in All India Radio Cuttack on 22.8.1983. Subsequently, he was promoted to the post of Diesel Technician on 30.8.1991. On 20.12.1999, the Prasar Bharati (erstwhile All India Radio) issued a circle to hold a departmen¬tal competitive examination for promotion of Senior Technician, Mast. Technician and Diesel Technician to the post of Engineering Assistant for which 10% departmental quota was fixed. The peti¬tioner was also suitably came in the zone of consideration and he was allotted Roll No.3038 for appearing in the examination in which he appeared but his name did not find place in the select list published on 9.8.2000 (Annexure-3) against which he filed a representation on which opposite parties 3 and 4 under two dif¬ferent letters dated 4.9.2000 and 21.9.2000 intimated the peti¬tioner that he could not score the merit in total marks obtained in the written test as well as performance graded in the ACRs. Ultimately, he filed O.A. No.646 of 2000 before the Tribunal praying therein to direct the respondents to promote him with effect from 9.8.2000 and to pay the arrear salary. During the pendency of the OA, the opposite parties, vide order dated 2.3.2001, promoted the petitioner to the post of Engineering Assistant and posted him at Doordarshan Kendra, Bhawanipatna on the basis of recommendation of review DPC. But he was reverted from that post on 14.9.2001 to the post of Diesel Technician.

3. Being aggrieved, the petitioner filed another applica¬tion (O.A. No.608 of 2001) before the Tribunal, which was dis¬missed as mentioned above.

4. Since in the instant writ petition, the petitioner has challenged the order of the Tribunal passed in O.A. No.608 of 2001, which was filed against the order of his reversion during pendency of his OA filed earlier (O.A. No.646 of 2000), the consideration in this writ petition by this Court is confined only to the extent whether the order of reversion of the peti¬tioner dated 14.9.2001 was proper or not.

5. It is clear from the advertisement dated 20.12.1999 that the vacancies for the years 1998-99 and 1999-2000 for the post of Engineering Assistant were to be filed up and the minimum service experience required was five years for Senior Technicians in the AIR/Doordarshan in the grade rendered after appointment thereto on a regular basis or eight years total service in the grade of Technicians and Senior Technicians rendered after ap¬pointment to these grades on a regular basis or Mast Technicians/Diesel Technicians who had put in eight years of service in the grade rendered after appointment thereto on regu¬lar basis as on 1.10.1998 in respect of the vacancies for the year 1998-99 and as on 1.1.1999 in respect of the year 1999-2000. However, it appears that the petitioner was promoted to the post of Engineering Assistant on the basis of the recommendation of the review DPC vide order dated 2.3.2001. His promotion was re-examined by another review DPC on 13.9.2001, which opined that the petitioner was not eligible in terms of STI (T) circular No.DE-4/Sr. Tech/STI (T)/99 dated 20.12.1999.

6. It is an undisputed fact that the petitioner was ap¬pointed as Diesel Engine Driver on 22.8.1983. Subsequently, he was promoted to the post of Diesel Technician 30.8.1991. There¬fore, his service on the post of Diesel Technician till 1.1.1999 was seven years and four months and thus it cannot be said that he had eight years of service experience on the post of Diesel Technician as on 1.1.199