SANJAY DWIVEDI - (1.)This petition has been filed by the petitioner being aggrieved by the order dated 27.07.2018 passed in O.A. No.200/341/2018, whereby the Tribunal has dismissed the application filed by the petitioner stating that it is devoid of merits.
(2.)It is submitted by the learned counsel for the petitioner that the petitioner is working as a Chief Movement Inspector and his case for promotion to the post of Assistant Operating Manager under the 70% LGS quota, wherein seniority is given more weightage than merits, was under consideration. It is stated that the petitioner belongs to the General category and his case along with the case of several other persons including Mukesh Kumar Tiwari and Sushil Mathur was under consideration by the authorities for which the petitioner along with others had already appeared in the written examination and was due to be called for interview. It is submitted that at that stage, the respondent authorities issued the impugned order dated 02.04.2018 stating that the process of promotion was kept in abeyance in view of the interim order dated 02.04.2018 passed by the Central Administrative Tribunal in O.A. No.302/2018, which related to the promotions of Reserved category candidates. It is submitted that the post on which the petitioner's case for promotion was being considered, was reserved for the General category. It is stated that out of the eight posts vacant and available for promotion, six had to be filled-up through the General category candidates whereas two posts had to be filled-up by the Reserved category candidates. It is stated that the O.A. No.302/2018 related to the promotions to the two Reserved category posts and had no connection or relation to the promotions made for the six General category posts. It is submitted that the respondent authorities by misinterpreting and misreading the order passed by the Tribunal in O.A. No.302/2018 dated 02.04.2018 relating to the promotions being made on the Reserved posts, issued the impugned order dated 02.04.2018 keeping in abeyance the entire process of promotion including the promotion relating to the General category posts.
(3.)The learned counsel for the petitioner submits that the Tribunal in it's order dated 02.04.2018, had only stayed the process of making promotions on the two Reserved category posts. It is stated that the petitioner being aggrieved by the act of the respondents in misinterpreting the order dated 02.04.2018 passed in O.A. No.302/2018, filed an Original Application before the Tribunal, which has been dismissed by the impugned order dated 27.07.2018. It is submitted that the Tribunal while categorically holding that the Tribunal had not stayed the entire process of promotion and that the interim order was passed qua the Scheduled Castes and Scheduled Tribes categories alone, has dismissed the original application stating that the order is not in contravention of the earlier order passed by the Tribunal. The learned counsel for the petitioner submits that the very basis and premise, on the basis of which the impugned order dated 02.04.2018 has been issued by the respondents, is non-existent as held by the Tribunal itself and in such circumstances, the Tribunal could not have dismissed the petition filed by the petitioner and should have directed the authorities to continue with the process of promotion on the posts to be filled-up by General category candidates. The learned counsel for the petitioner submits that the Tribunal while refusing to exercise the jurisdiction vested in it, has committed perversity.