- (1.) By way of this petition, the petitioner has assailed the judgment and order of the Central Administrative Tribunal, Jaipur whereby Tribunal has dismissed the OA preferred by the present petitioner.
(2.) The facts of the case are that the petitioner was initially appointed as Postal Assistant on 7.10.1971 and thereafter he was allowed further promotion scheme on completion of 16 years of service in the year 1987. He belongs to Scheduled Casts (ST) community and was entitled for further promotion in BCR cadre on completion of 17 years of service instead of 26 years o service against the shortfall point of ST community as per the scheme/instructions of the respondent department. The petitioner has also placed BCR scheme dated 11.10.91 and letter dated 6.1.93 as Ann.A3 and A4. It is further averred that one Shri Ram Karan Meena, who was senior to the petitioner was promoted under BCR scheme in the scale Rs. 5000-8000/- w.e.f. 1.1.1996 against the shortfall point of ST community vide memo dated 15.11.1996 and further one Shri Bal Ram Meena, junior to the petitioner has been promoted w.e.f. 1.7.97 in the same pay scale under BCR scheme against shortfall point for ST community vide memo dated 13.11.97 ignoring the claim of the petitioner, as the petitioner was due for promotion under BCR scheme on 1.7.96 or 1.1.97 but the petitioner was not promoted for the reasons best known to the respondents. However, the petitioner has been promoted taking into consideration 26 years of satisfactory service under BCR scheme in the next higher scale i.e. Rs. 5000-8000/- w.e.f. 1.7.99 vide memo dated 24.12.99 (Ann.A2). Thus, the petitioner has filed this OA claiming next higher grade of Rs. 5000-8000/- w.e.f. 1.7.96 or 1.1.97 against shortfall point for ST community on completion of 17 years of service.
(3.) Counsel for the petitioner has taken us to the order passed by the tribunal dated 11.12.2003 (Annexure-7) whereby earlier penalty order was diluted.;