Union of India (UOI) and Another vs Mr. G.L. Madan

Khan, J.—Petitioner/Union has filed this petition to challenge the CAT judgment dated 28.11.2001 passed in OA No. 2455/98 directing it to prepare a common seniority list in relation to UD Grade serving in all cadres specified in the first schedule in terms of Rule 2(hh) of the CCS Rules 1962 and not to revert respondent from the post of Assistant till his juniors in other Ministries were continuing in the grade of Assistant on adhoc basis and till regularly selected Assistants were promoted in his place. This order was passed on the prayer of respondent who was promoted as Assistant on adhoc basis and was later ordered to be reverted to his substantive post of UDC on regular selection having been made to the post of Assistant.

When this matter was taken up for consideration today, it was brought to our notice that impugned Tribunal judgment was also under challenge in CWP No. 1069/2001 filed by the Union and stands quashed by judgment dated 29.8.2002. It is, Therefore, prayed that this petition be also disposed of in terms of that judgment.

We have gone through the DB judgment in CWP No. 1069/2002 quashing impugned Tribunal order by placing reliance on the Supreme Court judgment in Union of India and another Vs. R. Swaminathan, Following this, we dispose of this petition by providing that it would be governed by the terms of the judgment passed in CWP No. 1069/2002 and reasoning recorded therein. The impugned Tribunal order dated 28.11.2001 passed in OA No. 2455/98 shall accordingly stand quashed.