B KUMARAVEL Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The present Writ Petition assails the order dated 14th July, 2015 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No. 2165 of 2013, whereby the Tribunal has dismissed the said Original Application (hereinafter referred to as "OA") filed by the Petitioner wherein he had sought restoration of his seniority in the grade of Architect w.e.f. April, 2003.

(2.) The facts which emerge from the record are that, pursuant to his selection by the Union Public Service Commission in 1994, the petitioner joined the services of respondent no.2/CPWD as an Assistant Architect on 08.03.1995.

(3.) The petitioner completed the qualifying regular service of 8 years in the grade of Assistant Architect on 08.02003 and, though the respondent no.2/CPWD had initiated the promotion process in March 2003, no DPC was convened despite the issuance of the provisional seniority list of Architects which as on 01.04.2003, showed four vacancies in the grade of Architects. While the Petitioner was awaiting his promotion to the post of Architect, for which he was fully eligible, the 1989 Rules were superseded by the Central Architect Service Group "A" Rules, 2004 (hereinafter referred to as the "2004 Rules"), which were notified on 24.02.2004.