- (1.) THE present Writ Petition under Article 226/227 of the Constitution of India has been filed against the order dated 22nd January, 2009 passed by the Central Administrative Tribunal dismissing the Original Application, namely, Original Application No. 1217 of 2007 filed by the petitioner.
(2.) IT appears that the petitioner at present is holding the post of Scientist SD in National Test House. The petitioner had earlier filed a Writ Petition being Civil Misc. Writ Petition No. 23125 of 2004 before this Court in regard to controversy regarding his promotion to the post of Scientist S.D. During the pendency of the said Writ Petition, the petitioner was granted promotion to the post of Scientist SD on 26.10.2005 with effect from the date of actually assuming charge, and not from the actual date of eligibility. Further, while the said Writ Petition was pending, the petitioner was transferred from Ghaziabad to Chennai by the order dated 20.2.2006 passed by the Director General, National Test House, copy whereof has been filed as Annexure No. 2 to the Writ Petition.
(3.) THE aforesaid transfer order dated 20.2.2006 was challenged by the petitioner by filing another Writ Petition, namely, Civil Misc. Writ Petition No. 12586 of 2006 before this Court. The aforesaid two Writ Petitions were decided by this Court by its judgment and order dated 8.10.2007, inter alia, holding that the Writ Petitions were not maintainable on the ground that in view of the decision of the Supreme Court in Chandra Kumar v. Union of India and others, 1997 SCC (LandS) 577, the petitioner should first approach the Central Administrative Tribunal under the Administrative Tribunals Act, 1985 before approaching this Court under Article 226/227 of the Constitution of India.;