U S LAMBA S/O SHRI AMI LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) OA is filed for setting aside the order dated 12.12.2003 (Annexure A-1) whereby the representation of the applicant for his promotion to the post of Inspector was rejected and for further direction to the respondent to consider him for promotion from the post of Tax Assistant to the post of Inspector.

(2.) Briefly, the allegations of the applicant are that on 1.10.1993 he was promoted to the post of Tax Assistant in the office of the respondent. He was eligible for consideration for promotion to the post of Inspector on clearing the physical test before he had attained the age of 38 years as per Recruitment Rules. A DPC was convened in 1987 for promotion to the post of Tax Assistants, for those who had qualified the physical test, but the applicant was not informed of the physical test before that meeting so he was deprived of this opportunity. The applicant had attained the age of 38 years on 6.5.1987 so his right for consideration for promotion was denied. His representation for giving him one more opportunity up to the age of 45 years of age has also been similarly rejected.

(3.) IN the rejoinder the applicant has reiterated his own case.