- (1.) INSTANT petition is directed against order dt. 19.05.2011 passed by the ld. Central Administrative Tribunal.
(2.) THE facts which can be noticed from present proceedings are that the petitioner joined service as Office Assistant on 31.08.1962 and after getting promotion in Gr. -II and thereafter in Gr. -III of Senior Section Supervisor retired from service after attaining the age of superannuation in July, 2000. His sole grievance was that the promotions were made w.e.f. 29.08.1995/17.01.1995 of the incumbents junior to him in the cadre and he has been deprived of his fair right of consideration for promotion to Gr. -IV. Earlier Original Application came to be filed before the ld. Tribunal on 29.08.2008 jointly by seven applicants and all appears to have been retired personnels and at the relevant point of time were members of Bharat Sanchar Nigam Limited (BSNL). Their Original Application came to be disposed of by the ld. Tribunal on the very date of its filing holding that the Original Application, preferred against BSNL, is not maintainable as it has not so far been notified U/S. 14(2) of the Act, 1985 and such service disputes could not be adjudicated by the ld. Tribunal in the absence of notification to be issued by the appropriate competent authority. It reveals from the record that after rejection of their Original Application holding it to be not maintainable before the ld. Tribunal, the BSNL was notified thereafter and a fresh Original Application was filed in 2009 jointly by seven applicants assailing promotions made in 1995 and their grievance was that as they being senior in the feeder cadre, their right of fair consideration has been seriously jeopardized by giving promotions to the incumbents who were admittedly junior to them in Gr. -III.
(3.) IN response to the Original Application filed by them, reply was filed and while contesting claim of the applicants, it was averred that they all have retired from service between 1997 -2001 and the Original Application came to be filed in 2009 which was highly belated & barred by limitation and at the same time, it was also averred that the applicants were not in the purview of promotion in Gr. -IV while in service and all of them retired in Gr. -III/Senior Section Supervisor and the so -called alleged juniors namely S.R. Pathik and M.L. Bhatt were promoted to Gr. -IV on their turn on 22.08.2001 and 15.07.2002 respectively and as regards their promotion dt. 17.01.1995, it was later on revised, as per order of promotion to Gr. -IV has been granted to the persons who are alleged to be junior, after the applicants have been retired from service and at least they cannot say that their right of fair consideration has been jeopardized.;