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Showing contexts for: repatriation in Mohammed Rafeeq vs Union Of India on 5 August, 2024Matching Fragments
2. The grievance of the petitioner is, while working as GDS, he was sent on deputation to Army Postal Service (APS) in the year 1997. The petitioner sought repatriation to the respondents for personal reasons. On his repatriation from APS, he was posted as GDS at Kolar Division on 17.10.2004. He continued to work in Kolar Division as GDS till 2016 when he sought his posting in Bengaluru Division on his own request. The result and the effect thereof is, the petitioner was placed at the bottom of seniority list in the Bengaluru Division.
NC: 2024:KHC:30985-DB
3. The submission of Sri. Radhakrishna Holla.A, learned counsel for the petitioner is, when the petitioner was repatriated to the respondents as GDS, the respondents should have given Group-D post or an option to the petitioner to seek voluntary retirement. Unfortunately, the same has not been done by the respondents, which resulted in him not getting promotion to the post of Group-D till date.
4. On the other hand, learned CGC for respondents would submit, though on repatriation to the respondents from APS, his seniority has not been affected, but none of the juniors to the petitioner have been promoted to Group-D. According to her, as per the seniority position, the petitioner's name is at Sl.No.551 as against which, it is only the person at Sl.No.369 who has got promotion to Group-D/MTS, that too in the year 2023. In that sense, there cannot be any grievance for the petitioner to seek promotion to the post of Group-D. NC: 2024:KHC:30985-DB
5. In view of the submission made by the learned CGC for the respondents and also the fact that the submission of Sri. Holla that petitioner should have posted in Group-D post on his repatriation, does not appeal us for the simple reason that any grievance of the petitioner of not being posted in Group-D was in the year 2004 whereas, OA was filed in the year 2021. In other words, it is quite late in the day for the petitioner to agitate the said grievance. That apart, no junior to the petitioner has been promoted to Group-D. Hence, he cannot have any grievance for not been promoted to Group-D as well.