Nirmal Singh, J. - (1.) IN this petition filed under Article 226 of the Constitution of India, the petitioner has prayed for quashing of order dated 27.9.2000, Annexure P -6 passed by the Central Administrative Tribunal, Chandigarh Bench (for short 'the Tribunal'), whereby the petitioner has been denied the benefit of arrears of pay on account of deemed promotion as Assistant Superintendent Telegraph Traffic with effect from 1.4.1992.
(2.) A perusal of the record shows that after successfully qualifying the departmental competitive examination held in March, 1991, the petitioner was promoted as Assistant Superintendent Telegraph Traffic in the scale of Rs. 1640 -2900/ - on 27.12.1993. After about six years, he filed an application under Section 19 of the Administrative Tribunals Act, 1985 (for short, 'the Act') for grant of relief in terms of the order dated 21.2.1997 passed by the Tribunal in O.A. No. 1006/HR/93 Maman Singh Chauhan and others v. Union of India and others. Respondents Nos. 1 and 2 contested the petitioner's application mainly on the ground that he was not a party to the application filed by Maman Singh and others. After considering the pleadings of the parties and , hearing their Advocates, the Tribunal allowed the application filed by the petitioner with a direction that he be given notional promotion on the post of Assistant Superintendent Telegraph Traffic with effect from 1.4.1992 with the benefit of actual arrears, if any, from the date of its order, i.e., 27.9.2000.
(3.) SHRI I.S. Sidhu, learned counsel for the petitioner submitted that the petitioner is also entitled to the arrears with effect from 1.4.1992 and as were allowed to Maman Singh and others in O.A. No. 1006/HR/93. He submitted that petitioner is senior to Maman Singh and others and, therefore, the learned Tribunal has erred in not awarding the arrears with effect from 1.4.1992. .;