K.J. Sengupta and Prasenjit Mandal, JJ. - (1.) The applicant being unsuccessful before the learned Tribunal has approached this Court with the present application. as the Tribunal dismissed his action by judgment and order dated 27th January. 2006, which was brought before the learned Tribunal for the following reliefs : (i) To pass an order to the effect of revoking the latest gazette notification published on 9th October 2002 amending the Recruitment Rules 1990 in vogue on 1.1.2002 i.e. the crucial date of eligibility. (ii) To direct the respondents to stop and nullify the arbitrary proposal prepared and sent to the U.P.S.C. for holding D.P.C. under amended recruitment rules on 9.10.2002 with targeted and illegal intentions with malice. (iii) To direct the respondents to hold D.P.C. as per Recruitment Rules 1990 at the earliest possible in a fair and just manner and grant the benefits of promotion based on rules and regulations as on 1.1.2002. (iv) To direct the respondents for not allowing to look after the duties of the Director General on his superannuation by Shri M.M. Singh Suman as per memorandum No. 28.1.1999-D&P dated 25.5.2001 under which he was planted to look after the duties of Directorate General of Lighthouses and Lightships, Noida in his absence and the applicant should look after the chargge of Director General as he is fully eligible and the senior most officer and therefore direct the respondents to give charge of the post of Director General to the applicant on retirement of Shri Rarnakrishan on superannuation."
(2.) The learned Tribunal, after hearing the matter held that challenge as against the aforesaid amended rules fails as the legislature has wit competence framed the aforesaid rules. Learned Tribunal stopped there and dismissed the matter. Other prayers were not considered, perhaps the learned Tribunal by necessary implication assumed that Rule 2002 in this regard holds the field.
(3.) After hearing for sometime, we thought that the matter should be remanded to the learned Tribunal for decision afresh as to whether new Rule 2002 will be applicable or the old Rule will be applicable, after reading the departmental norms and directions for granting promotion with regard to the cut off date as regards the determination of eligibility. By consent of the parties, it has been decided that instead of sending back the matter, this should be heard by us. So, we proceed to hear the matter accepting the judgment of the learned Tribunal that Rule 2002 is legislatively valid, but applicability of the same in this particular case is doubted.;