C.S. Balan
& Ors Vs. Chief General Manager Telecom & Ors [1996] INSC 620 (26 April 1996)
Ray,
G.N. (J) Ray, G.N. (J) Hansaria B.L. (J)
ACT:
HEAD NOTE:
O R D
E R
Leave
granted.
Heard
learned counsel for the parties. The appellants' grievance is that before the
Central Administrative Tribunal, Ernakulam Bench, the appellants sought for a
declaration that they were entitled to be promoted w.e.f. December, 1990 to the
post of Junior Telecom Officer because vacancies in the quota, in which they
were entitled to be promoted, were available. It, however, appears from the -
impugned order that the question of the appellants' entitlement to get
promotion has not been gone into, but the application has been disposed of by
noting the concession of the respondent that the appellants would be given due
seniority. Since the claim for promotion is also required to be considered, we
allow this appeal and remit the matter to the Tribunal for consideration of the
claim of the appellants to get promotion from earlier date as sought to be
agitated in the application presented before the Tribunal In the facts of the
case, it is directed that such consideration be made by the Tribunal after
hearing the parties within four months from the date of communication of this
order. The appeal is accordingly disposed of with no order as to cost.
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