Union Of India Thru Secy. And Anr. vs S.K.Biswal And Anr.
2013 Latest Caselaw 5367 ALL

Citation : 2013 Latest Caselaw 5367 ALL
Judgement Date : 3 September, 2013

Allahabad High Court

Union Of India Thru Secy. And Anr. vs S.K.Biswal And Anr. on 3 September, 2013

Bench: Rajes Kumar, Manoj Misra




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 45729 of 2013
 

 
Petitioner :- Union Of India Thru Secy. And Anr.
 
Respondent :- S.K.Biswal And Anr.
 
Counsel for Petitioner :- Ashok Singh,R.B.Singhal
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Manoj Misra,J.

Heard Sri R.B. Singhal, Additional Solicitor General of India, assisted by Sri Ashok Singh, Advocte, appearing on behalf of the petitioners.

The contention of the petitioners is that the respondent no. 1 was found unfit thrice in the D.P.C. held on 31.3.2005, 24.1.2006 and 30.3.2007 even after giving relaxation for being an S.T. Category candidate. Thereafter, he was found fit in the D.P.C. held on 10.4.2008 and from that date he was given promotion. The Tribunal by the impugned order has given notional promotion with retrospective effect which is wholly unjustified.

The matter requires consideration.

Issue notice to respondent no. 1 returnable at an early date. The petitioners may take steps to serve the respondents by registered post.

List in week commencing 21.10.2013. Till the next date of listing, the operation of the impugned order dated 17.4.2013 passed in O.A. No. 134/2008 shall remain stayed.

Order Date :- 3.9.2013