Krishna Murari Tripathi & Ors. vs Union Of India & Ors.
2011 Latest Caselaw 2006 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

+           W.P.(C) No. 21018-21/2005

%                                Date of Decision: 06.04.2011

KRISHNA MURARI TRIPATHI & ORS.                    ..... Petitioners
                  Through : None

                    versus

UNION OF INDIA & ORS.                    ..... Respondents
                   Through : Mr. J.P. Sharma, Advocate
                             for respondents no. 1 to 3.


CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
HON'BLE MS. JUSTICE VEENA BIRBAL

1.    Whether Reporters of local papers may be allowed
      to see the judgment ? No
2.    To be referred to the Reporter or not? No
3.    Whether the judgment should be reported in Digest? No

ANIL KUMAR, J.

The petitioner has challenged the order dated 09.08.2005

passed by the Central Administrative Tribunal, Principal

Bench, New Delhi in O.A. No. 497/2005 titled Ramanad,

Junior Engineer (Civil) v Union of India & Ors. whereby his

Original Application seeking quashing of order dated

06.09.2004 and order dated 08.10.2004 and 02.02.2005 where

the respondents had allotted 90 posts of Assistant Engineer

(Civil) to the seniority quota to be filled by way of promotion

and the request of the petitioner for clarification of vacancies in

the Limited Departmental Competitive Examination (LDCE)

quota for 2004-2005 had been rejected on the ground that

vacancies for the year 2004-2005 were bifurcated between

seniority and LDCE quota on account of shortfall/excess of

posts in the particular category and the Original Application

was dismissed.

The Tribunal by the impugned order had set aside the

orders impugned by the petitioners to the extent that

respondents were directed to re-consider the promotion for the

vacancies of the year 2004-2005 in the grade of AE (C) in

accordance with rules, as envisaged in the statutory rules

promulgated on 14.11.2003. The Tribunal, however, had held

that the promotions made as per the quota assigned to

seniority shall not be disturbed. However, promotions of

candidates beyond the quota in the seniority were set aside.

No one is present on behalf of the petitioner.

The writ petition is, therefore, dismissed in default.

ANIL KUMAR, J.

VEENA BIRBAL, J.

APRIL 06, 2011 kks