Hemant Gupta, J. - (1.) THE challenge in the present writ petition is to an order passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short 'the Tribunal') on 15.11.2011 whereby an original application filed by the petitioner challenging her reversion vide order dated 27.06.2009 and 28.07.2009 has remained unsuccessful.
(2.) THE petitioner is a Lower Division Clerk (TA) in the Haryana Circle of Bharat Sanchar Nigam Limited (BSNL). She was on deputation with Punjab Telecom Circle. A circular was issued by the Punjab Circle of the BSNL inviting applications for recruitment of Junior Hindi Translators through Limited Internal Competitive Examination in the year 2008. The petitioner applied for such posts and was promoted on 16.03.2009. It is the said promotion which has been set aside after giving show cause notice that petitioner was not eligible for promotion for the reason that her substantive cadre is Haryana Circle whereas the post of Junior Hindi Translator was meant for the cadre of officers of the Punjab Circle. Learned counsel for the petitioner relies upon Para 4 of the circular dated 04.08.08 (Annexure A -2), which is to the following effect: -
(3.) THE applications of the officials working on deputation in other SSAs/Units, if any, may also be called for and sent to this office by the parent SSA/Unit from which the candidate belongs. 4. The argument of learned counsel for the petitioner is that since the petitioner was on deputation from Haryana Circle to Punjab Circle, therefore she was eligible and has been rightly considered for promotion. It has been the stand of the respondent and accepted by the Tribunal that clause reproduced above applies to the officers of the Punjab Circle who are on deputation in other units and not the officers of the other circle who are on deputation to the Punjab Circle. The said interpretation is the correct interpretation. The petitioner would be entitled to seek promotion whenever she gets the chance of promotion in her parent circle i.e. Haryana. She is to be treated at part with the officers as per cadre alone. It is at that time similar clause would be helpful to the petitioner, if she continues to be on deputation to the Punjab Circle.;