- (1.) R.N. Suman, petitioner, is before this Court assailing the validity of the order dated 13th April, 2011 passed by Central Administrative Tribunal, Allahabad Bench, Allahabad in Original Application No. 1406/2005 (R.N. Suman vs. Union of India and others) wherein claim petition of petitioner has been rejected.
(2.) Brief facts giving rise to the case are that petitioner was appointed as Civil School Master on 30.11.1963 in the pay scale of Rs. 130 -300/ - which is equivalent to the grade of UDC. He was, thereafter, appointed as L.D.C. in Grade Rs. 110 -180/ - and he worked there w.e.f. 19.11.1966 to 26.02.1981. He was promoted as U.D.C. w.e.f. 27.02.1981 and petitioner has been agitating his appointment as L.D.C. and ultimately he has filed Original Application No. 665 of 1989 and same was allowed on 16th September, 1994 by giving direction that petitioner shall be granted seniority in the cadre of Senior Store Keepers/U.D.C.s from the date of their initial appointment as Civilian School Masters in equivalent pay scales with all consequential benefits. The order passed by the Tribunal has been subjected to challenge by the Union of India before the Apex Court in SLP No. 545/1996 (Union of India and others vs. R.N. Suman) and the Special Leave to Appeal has been rejected on 19th February, 1996 and petitioner during this period has retired w.e.f. 31st January, 1996. This much is also reflected from the record that thereafter order has been passed in favour of petitioner on 6th June, 1996 for his promotion. After the said order in question has been passed, petitioner was not satisfied with the said order in question and Contempt Application in question was dismissed by the Tribunal concerned on 6th August, 1996. This much is also reflected that petitioner had filed another Original Application and the said Original Application No. 245 of 1999 was rejected on 2nd December, 1999 and then a miscellaneous application No. 479 of 2005 has been filed for recall of the order dated 2nd December, 1999 and same has been rejected on 27.05.2005 with liberty to file fresh Original Application. Petitioner thereafter has filed O.A. No. 1406 of 2005 and the Tribunal has passed judgment dated 13th April, 2001 and same has been subject matter of challenge before this Court.
(3.) Pleadings inter -se parties have been exchanged and thereafter the matter has been taken up for final hearing and disposal and specific detail has been furnished that petitioner has been granted seniority as UDC w.e.f. 30th November, 1963 and further promotion on the posts of OS II on 13.02.1972, OS I on 19.01.1978, A.O. on 15.12.1980 and SAO II on 06.08.1990. The petitioner had been considered in DPCs for 1985 -89 held in UPSC for promotion to the grade of SAO -II but was not recommended by the DPC based on his record of service. He was found suitable and recommended for promotion by UPSC only in 1990 and the same was intimated to the petitioner through letter dated 26th January, 1996.;