- (1.) The respondent-employee, namely, Patel Dhirubhai, was appointed on October 12,1990 as a Surveyor in the Andaman Public Works Department as a Scheduled Tribe candidate from the mainland, in the appointment letter it was stated that he would be treated as mainland recruit. THE appointment was made when the Andaman and Nicobar Administration had conducted a special drive for recruitment of Surveyors at all India level due to non-availability of eligible candidates in Andaman and Nicobar Islands.
(2.) The respondent-employee is a member of Dhodia tribe, which is a specified tribe in relation to the State of Gujarat. When the question of his promotion comes, the respondent-employee claimed promotion against reserved quota for the Scheduled Tribe candidates as he was appointed against the quota meant for the Scheduled Tribes. As the authorities did not consider his case for promotion against the reserved quota, he approached the Central Administrative Tribunal for promotion against Scheduled Tribe quota. The application was contested by the Administration, inter alia, contending that the said tribe is not a specified tribe in relation to this Union Territory.
(3.) However, the Tribunal by the order impugned allowed the application filed by the applicant and directed the Administration to consider the case of the applicant for promotion against Scheduled Tribe quota. Being aggrieved, the authorities have come up with this petition. The petitioners assail the order of the Tribunal, primarily, on the ground that the employee concerned belongs to a tribe, which is not a specified tribe in relation to this Union Territory and, therefore, he is not entitled to get the benefit of the reserved quota meant for Scheduled Tribes specified in relation to this Union Territory.;