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CENTRAL ADMINISTRATIVE TRIBUNAL
K. Haripal, Judicial Member, V. Rama Mathew, Administrative Member
P.K. Ayyappan – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. applicant's claim for retrospective promotion based on prior eligibility and vacancy creation. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 2. legal precedents confirming promotion is prospective, not retrospective, and contingent on vacancies. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
O R D E R
Justice K.Haripal, Judicial Member
At the time of filing the Original Application, the applicant was a Junior Secretariat Assistant in the office of the 4th respondent. He had started service as a Group-D employee on 03.06.1992. Later, he passed SSLC in 1994 and acquired qualification of Typewriting Lower in 1997 and Higher in 2000. He also acquired qualification in Computer Operation in 2001. According to the applicant, on completion of 13 years of service, that is on 03.06.2005, he should have been promoted as LD Clerk as he had acquired required qualifications for the post. When the representations were not considered, he moved this Tribunal with O.A.1247/1999, which was disposed of by Annexure-A1 order directing the respondents to consider and dispose of his representation. However, he was not promoted and that prompted him to file a second O.A., that
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