Punjab-Haryana High Court
Union Of India vs Binit Samual Hembrom on 2 March, 2009
Bench: Ashutosh Mohunta, Nirmaljit Kaur
CWP No.20966 of 2008 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CASE NO.: CWP No.20966 of 2008
DATE OF DECISION: March 2, 2009
UNION OF INDIA ...PETITIONER
VERSUS
BINIT SAMUAL HEMBROM ...RESPONDENT
CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA.
HON'BLE MS. JUSTICE NIRMALJIT KAUR.
PRESENT: MR. P.K. DUTT, ADVOCATE FOR THE PETITIONER.
MR. N.P. MITTAL, ADVOCATE FOR THE RESPONDENT.
ASHUTOSH MOHUNTA, J.(ORAL)
Respondent No.1 has filed the Original Application before the Central Administrative Tribunal (for short 'the Tribunal') wherein it was prayed that he may be considered for promotion from the post of Master Craftsman to the post of J.E. Grade II-Signals under 40% Rankers Quota. It was averred that the applicant belongs to Scheduled Tribe quota. It was further averred that the applicant had secured highest marks in the written test, therefore, he is entitled to be promoted to the post of J.E. Grade II- Signals.
The matter was considered by the Tribunal which directed the Union of India and others to consider the applicant for the post of J.E. Grade II-Signals against the Rankers quota.
The Union of India has impugned the order (Annexure P-3) dated 31.7.2008, passed by the Tribunal.
CWP No.20966 of 2008 -2-
Learned counsel submits that one Rameshwar Parshad was senior to applicant-respondent in the Scheduled Tribe Category and therefore, the directions given by the Tribunal for considering the respondent are unwarranted.
After going through the impugned judgement, we are of the considered opinion that the Tribunal has only given directions to consider the case of the respondent. Whether the respondent ultimately is found eligible to be promoted to the post of J.E. Grade II-Signals or not would be considered by the petitioner in accordance with law.
Writ petition disposed of.
(ASHUTOSH MOHUNTA)
JUDGE
March , 2009 (NIRMALJIT KAUR)
Gulati JUDGE