Union Of India Thru Sec.Ministry ... vs Jeb Lal And Others
2011 Latest Caselaw 6338 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- WRIT - A No. - 38169 of 2011
 

 
Petitioner :- Union Of India Thru Sec.Ministry Of Defence And Others
 
Respondent :- Jeb Lal And Others
 
Petitioner Counsel :- Ajay Singh,R.B.Singhal
 
Respondent Counsel :- S.C.,S.K. Pandey
 

 
Hon'ble Sunil Ambwani,J.

Hon'ble Manoj Misra,J.

We have heard Shri Ajay Singh, learned counsel for the petitioner. No one appears for the respondents.

Shri Ajay Singh states that the Tribunal had recorded findings that since the  applicant-respondent was regularised, he should have been sent for training of  Supervisor for promotion and has relied upon case of Shri D.N. Tripathi, who was promoted without completing the training. It is submitted that a specific pleading was made before the Tribunal that since the applicant had completed the age of 45 years in the year 2001, he could not have been sent for training for Supervisor, and thus even if he was informed in the year 2008, that he cannot be considered for promotion as he was over age, he has no cause to maintain the claim for promotional post.

Shri Ajay Singh submits that the case of Shri D.N. Tripathi and Shri G.K. Biswas was distinguishable as Shri D.N. Tripathi was promoted in the year 1976, and superannuated in the year 2007 and Shri G.K. Biswas was not 45 year's old in the year 2001, when he had made a request for training. Shri G.K. Biswas had completed the training for promotion.

As an interim measure, we direct that until further orders, the effect and operation of the impugned judgment  of the Central Administrative Tribunal dated 11.3.2011 in Original Application No. 1362 of 2008 (Jeb Lal vs. Union of India and others),  by which a direction has been issued to promote the applicant-respondent to the post of Supervisor from the date when the vacancy has arisen, shall remain stayed.

Order Date :- 5.12.2011

RKP