M A VIDYASAGARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an application under Section 19 of the Administrative Tribunals Act, 1985 to quash and set aside the Memorandum dated 10.01.1996 (Exhibit 'B') with the direction to the Respondents to treat the Applicant as belonging to the Examiner's cadre and he be extended all benefits on that basis including promotion to the cadre of Appraiser and if need be, to cancel and withdraw the unilateral order passed by them regularising the services of the Applicant as Preventive Officer, promote the Applicant as Appraiser from the date any of his junior has been promoted to the said cadre under Estt. Office Order No. 85/95 dated 03.04.1995 with seniority, fixation of pay and arrears on that basis. In alternative, the Applicant has sought the seniority in the cadre of Preventive Officer w.e.f. 08.03.1983 and grant him promotion to the post of Superintendent of Customs on that basis with all consequential benefits.

(2.) The Applicant was appointed as a Stenographer in the Customs Department. He was selected for promotion to the post of Examiner (OG) alongwith U.D.Cs. in the year 1982, which was conducted by the Departmental Promotion Committee for Group 'C' post which consists of an interview and scrutiny of service records. The Applicant was called to appear for interview on 28/29.07.1982 and promoted w.e.f. 08.03.1983 in the cadre of Examiner (O.G.).

(3.) THE Applicant and other Stenographers met the Chairman, C.B.E.C. regarding their grievance on 20.09.1986 and consequent upon this meeting, they were allowed to appear for the post of Preventive Officer instead of reverting them as Stenographer (SG) as the said Stenographer (SG) cadre was also one of the feeder cadre for the said promotion. Only the applicant qualified in the interview and physical test for the post of Preventive Officer and was promoted as Preventive Officer on ad hoc basis w.e.f. 30.01.1987 and until further orders.