Case Note & Summary
The dispute arose in the context of service law concerning promotion of employees in the Telecom Department to the post of Junior Telecom Officer. The appellants, employees of the Telecom Department, approached the Central Administrative Tribunal, Ernakulam Bench, seeking a declaration that they were entitled to be promoted with effect from December 1990 because vacancies in the quota, in which they were entitled to be promoted, were available. The appellants contended that despite the availability of vacancies, they had not been granted promotion from the earlier date. The Central Administrative Tribunal, however, disposed of the application without going into the question of entitlement to promotion. It simply noted the concession of the respondent that the appellants would be given due seniority. Aggrieved by this failure to consider their substantive claim for promotion, the appellants filed a special leave petition before the Supreme Court of India. Before the Supreme Court, learned counsel for the parties were heard. The appellants' grievance was that the Tribunal had not addressed their claim for promotion from December 1990. The Supreme Court observed that the question of the appellants' entitlement to get promotion had not been gone into by the Tribunal. The Court held that since the claim for promotion was also required to be considered, the appeal deserved to be allowed. Accordingly, the Supreme Court allowed the appeal and remitted the matter to the Central Administrative Tribunal for consideration of the claim of the appellants to get promotion from the earlier date as sought to be agitated in the application presented before the Tribunal. The Court directed that such consideration be made by the Tribunal after hearing the parties within four months from the date of communication of the order. The appeal was disposed of with no order as to costs. The judgment was delivered by a Division Bench comprising Justice G.N. Ray and Justice B.L. Hansaria on 26 April 1996.
Headnote
A) Service Law - Promotion - Entitlement to Promotion - Not mentioned - The appellants sought declaration for promotion to Junior Telecom Officer with effect from December 1990 on the ground that vacancies in their quota were available. The Central Administrative Tribunal disposed of the application by noting the respondent's concession that due seniority would be given, but failed to adjudicate the substantive claim for promotion. The Supreme Court held that the claim for promotion was required to be considered, allowed the appeal, and remitted the matter to the Tribunal for fresh consideration within four months, with no order as to costs (Paras Not mentioned).
Issue of Consideration
Whether the Central Administrative Tribunal erred in disposing of the application without considering the appellants' claim for promotion to Junior Telecom Officer with effect from December 1990.
Final Decision
Appeal allowed; matter remitted to Central Administrative Tribunal for consideration of the claim of the appellants to get promotion from earlier date as sought in the application; Tribunal directed to consider after hearing parties within four months from date of communication of order; no order as to costs.
Law Points
- Tribunal must decide substantive claim for promotion
- concession of seniority does not resolve promotion entitlement
- appellate court can remand for consideration of unadjudicated claim
