A.P.SAHI, J. - (1.) The Union of India through its officials of the North-Eastern Railway, Gorakhpur and the Principal of the North-Eastern Railways Boys Inter College, Gorakhpur have filed this petition challenging the order dated 9th November, 2010 passed by the Central Administrative Tribunal, Allahabad in Contempt Petition No. 70 of 2010 whereby the Tribunal has summoned the then General Manager, North-Eastern Railway, Gorakhpur, Chief Personnel Officer, North-Eastern Railway, Gorakhpur and the Principal of the Boys Inter College, North-Eastern Railway, Gorakhpur for the disobedience of the orders dated 6th December, 2006 and 18th November, 1990 passed by the Tribunal in Original Application No. 509 of 2004.
(2.) The respondent no. 1-Pankaj Dhar Dubey sought promotion as a Lab Assistant in Boys Inter College, North-Eastern Railway, Gorakhpur. This claim of the respondent no. 1 was rejected by the order dated 22nd December, 2003. The same was challenged by him in Original Application No. 509 of 2004. The said application was allowed on 6th December, 2006. One of the major contentions between the parties was in relation to the availability of the post of Lab Assistant for satisfying the claim of such promotion. The order of the Tribunal dated 6th December, 2006 decided the said contention by recording as follows :- "We have considered the respective arguments in the context of the applicant's claim for promotion to the post of Lab Assistant. He appears to be correct on the point that the posts of Lab Assistants were created vide letter dated 6.9.1984 (Annexure-9) of General Manager (P) for Boys High School, Gorakhpur, run by N.E.R. There is no clear cut denial from the side of the respondents of the factum of creation of post of Lab Assistant. The reply does not say that the said posts were subsequently abolished or surrendered or kept in abeyance. Though there is such plea in respect of the post of Science Bearer, which the applicant was holding before 20.1.2003. So to the extent the order dated 22.12.2003 (Annexure-1) says that there are no posts of Lab Assistant in the School, run by N.E.R., does not appear to be correct."
(3.) The operative part of the aforesaid order is as follows :- "In the result, the O.A. is finally disposed of with a direction to the respondents to consider the case of the applicant for promotion to the post of Lab Assistant in the School run by the N.E.R., if there is vacancy and if the applicant is otherwise found suitable under the relevant Rules within a period of six months from the date a certified copy of this order is produced before them. The order dated 22.12.2003 (Annexure-1) is rendered ineffective and will not come in the way of such consideration for promotion. No order as to costs." ;