Excelsior Correspondent
JAMMU, Mar 2: The Central Administrative Tribunal (CAT) Jammu Bench has imposed a cost of Rs. 50,000 on the Agriculture Department for showing an alive person dead and for promoting his juniors and blue eyed persons above him.
While allowing the petition of the Bushan Lal Munshi, the Division Bench comprising of Judicial Member, Rajinder Dogra and Administrative Member, Ram Mohan Johri imposed an exemplary cost for the sheer negligence and deliberate attempt to favour their own persons.
The CAT has directed the respondents to issue the corrigendum correcting the erroneous entry whereby the applicant was shown expired, and shall record his correct status as alive and in service till his date of superannuation. The Tribunal further directed to grant him notional promotion to the post of the Chief Agriculture Officer/Dy. Director Agriculture with effect from 01.07.2001, the date on which his immediate juniors were promoted, and directed to re-fix pay of the petitioner and re-determine the pension and other retiral benefits.
The facts of the case is that the petitioner who was working in the Agriculture Department and got retired on 31.12.2002, but vide Govt. Order dated 07.10.2008 whereby an eligibility list of officers including those who already retired, was notified for promotion to the post of Chief Agriculture Officer/Dy Director Agriculture.
The applicant’s name admittedly figured at serial no. 38, and he was fully eligible for promotion w.e.f. 01.07.2001, the date on which his juniors, namely Subash Chander Saraf, Pushkar Nath Tiku, Behari Lal Kantru and Brij Mohan Sharma were promoted to the higher post.
In fact, the applicant superannuated on 31.12.2002, but on account of erroneously shown expired on 15.06.2001 he was denied promotion despite his eligibility and seniority.
The CAT took the exception to this case and observed that it is not a human error rather it was a deliberate attempt to dislodge the claim of the petitioner for promotion so the Tribunal directed to issue fresh corrigendum correcting the entry by showing him alive and in service till his date of superannuation, and thereafter granting him promotional and retiral benefits.
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