- (1.) In this petition filed under Articles 226 and 227 of the Constitution of India the petitioner is challenging the order dated 23.3.2012 (Annexure P18) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as 'the Tribunal') whereby O.A. No.873/CH/2010 filed by the petitioner along with others for quashing the order dated 29.7.2010 (Annexure P14) passed by the respondent department and for issuing direction to the official respondents to promote her from the date her juniors had been promoted, has been dismissed.
(2.) We have heard the learned senior counsel for the petitioner and gone through the impugned order passed by the Tribunal as well as the order dated 29.7.2010 passed by the respondent department.
(3.) In the present case the petitioner joined the services in the respondent department as Telephone Operator in the year 1964. On 16.10.1990 Biennial Cadre Review (BCR) Scheme was introduced in the department for giving promotion to the regular employees who were in service on 1.1.1990 to a higher grade and had completed 26 years of service in the basic cadre. According to the said Scheme, the promotion of 10% posts in the pay scale of Rs. 2000-3200 was to be made in Grade IV pay scale from Grade III on the basis of seniority in the basic cadre subject to fulfillment of other conditions of BCR Scheme. Vide order dated 28.2.1995 certain officials were promoted against 10% upgraded posts in pursuance of the order dated 7.7.1992 passed by the Principal Bench, New Delhi. On 13.12.1995 the procedure for promotion to Grade IV pay scale was reviewed and in supersession of earlier instructions it was decided that promotion of 10% posts amongst the officials from Grade III to Grade IV shall be made on the basis of seniority in the basic cadre. It was further decided vide letter dated 10.5.1996 that the officials who had already been promoted in Grade IV pay scale of Rs. 2000-3200 prior to 13.12.1995 shall not be reverted and may be allowed to continue by creating in excess of 10% posts in BCR Scheme and the promotion in future would not be made till those promoted in excess of 10% were adjusted and until the number of posts in Grade IV came back into 10% in BCR Scheme.;