- (1.) BY way of this writ petition, the Petitioners seek to question the order dated 28.07.2010 as passed by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur ('the CAT') in OA No. 15/2007 whereby the CAT has directed the Petitioners to consider the case of the applicant (respondent No. 1 herein) for grant of appropriate benefits towards promotional avenues. The short order dated 28.07.2010 as passed by the CAT reads as under: Heard the learned Counsel for both the parties. The grievance of the applicant seems to be that in his service which has been more than quarter of a century he got only one promotion. He has passed all the qualificatory bench mark for next promotion which would be otherwise granted to him. But for the lack of vacancies available; he is entitled for his first leg of accelerated Progression. The Respondents contended that the application is delayed and also by the fact there is no specific order against which the O.A. has been filed. Since, there is no other specific defence put up by the Respondents, the applicant is entitled for following relief's: i) The applicant, following the Apex Court decision is entitled to one more promotional avenue being offered to him in the light of career progression scheme; ii) The Respondents are directed to reconsider the matter related to him in the light of the above observations and fix his eligibility for such accelerated progression scheme after completion of the required time framed and grant him appropriate benefits after he had covered all the qualificatory requirements and 24 years of service. It is made clear that the promotion which he has received earlier will not be a stumbling block and therefore the 2nd benefit is still operative. To the above extent the O.A. is allowed with no order as to costs. This exercise shall be completed within the three months from the date of receipt of copy of this order. M.A. No. 12/2007 also stands disposed of.
(2.) THE learned Counsel for the Petitioner frankly submits that so far the relief No. (i) as granted by the CAT in the impugned order is concerned, even otherwise, the Department may not be in position to put forward much of the contentions in that regard because of the view taken by the Hon'ble Supreme Court in Jepa Ram's case. The learned Counsel, however, attempted to argue that the directions as issued by the CAT in relief No. (ii) are not justified, particularly when it has been directed that the applicant be granted benefits after completion of 24 years of service without taking into account the fact that the applicant had already been granted one promotion. The submissions as made appear to be wholly unfounded.
(3.) WE are unable to take any exception against any of the observations made and directions issued by the CAT in the order impugned; rather the order appear to be in conformity with law where the CAT has precisely directed the present Petitioners to reconsider the matter relating to the applicant, to fix his eligibility for accelerated progression scheme after completion of the required time frame and then, to grant him appropriate benefits after he had covered all the qualificatory requirements and 24 years of service.;