Supreme CourtDivision Bench(2019) 03 SC CK 0175

Union Of India & Ors. vs G. Dhanaraj & Ors.

Supreme Court Of India · Decided on 7 March 2019

HON’BLE JUDGES
L. Nageswara Rao, J · M.R. Shah, J
RESULT
Disposed Of
CASE NUMBER
Civil Appeal No(S). 3818 Of 2011

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Judgment

3 paragraphs · 233 words

The respondents filed O.A.No. 140 of 1999 before Central Administrative Tribunal, Ernakulam Bench seeking declaration that they are entitled to be considered for promotion to the post of Diesel Mechanical Technicians Grade III in the scale of Rs.3050-4590 on the basis of the rules existing prior to 31.8.1998. The OA was allowed and the appellants herein were directed to consider the respondents for promotion as Diesel Mechanical Technicians Grade III in posts that existed prior to 31.8.1998. The Writ Petitions filed by the appellant challenging the judgment of the Tribunal was dismissed by the High Court in view of the fact that the respondents were already promoted in the year 2000.

The only issue that remains for our consideration is whether the respondents are entitled for promotion in the posts that existed prior to 31.08.1998 and get benefits with consequential benefits upon promotion to those posts. There is no dispute that respondents were promoted on an ad-hoc basis on 16.06.1998. In the fact and circumstances of the case, we are of the opinion that the respondents are entitled for promotion as Diesel Mechanical Technicians Grade III w.e.f. 16.06.1998.

We, therefore, dispose of this appeal with a direction to the appellant to consider the respondent Nos. 1 to 3 for appointment as Diesel Mechanical Technicians Grade III on a regular basis w.e.f. 16.06.1998 with all consequential benefits. Pending application(s), if any, stand disposed of.