- (1.) HEARD Mr. Mathur, learned Assistant Solicitor General of India for the petitioners.
(2.) FOR the order proposed to be passed, we do not consider it essential to issue formal notice to the respondent. The brief facts are that the respondent, who was initially appointed as Postal Assistant in the petitioners -Department on 22.2.1978, earned his promotion to the post of LSG (NB) by a composite order of transfer -cum -promotion dated 25.6.2013 issued by the office of the Postmaster General, Rajasthan Western Region, Jodhpur. He was posted on promotion to the post of HSG -II (NB) as APM (A/C) Sriganganagar HPO in the pay scale of Rs. 9300 -34800 with grade pay of Rs. 4200/ -. The order also contained the following clause: - In case any of the officials is not interested to assume promoted post, he may decline the offer of promotion within 7 days from date of issue of posting orders otherwise he may be relieved by concerned Divisional Head positively.
(3.) THE respondent submitted his representation dated 29.6.2013 foregoing his promotion. This request was declined by the competent authority on the ground that the reasons offered by him were not acceptable. A direction was issued that he be relieved to be posted as ordered. Being aggrieved, the respondent approached the learned Central Administrative Tribunal, Jodhpur Bench, Jodhpur (for short, hereinafter referred to as "the Tribunal") with OA No. 339/2013 assailing the rejection of his request forgoing his promotion.;