This is an application under Article 226 of the Constitution of India challenging the judgment and order dated December 23, 2011 passed by the Central Administrative Tribunal, Calcutta Bench (Circuit Bench at Port Blair) in Original Application No. 80.AN/2006.
By the order impugned, although, the Tribunal held that the writ petitioner was a member of a scheduled tribe community and ‘L’ type roster was applicable as the cadre strength of the post of Assistant Registrar of Co-operative Societies was less than 13, no relief was granted to the petitioner as it was held that the original application was barred by limitation.
The writ petitioner was appointed as an Inspector of Cooperative Societies. Subsequently, the posts of the Inspector and the Auditor were merged. The next promotional post is the Assistant Registrar of Co-operative Societies. Admittedly, there are 12 posts in the cadre.
Therefore, the model roster for cadre strength upto 13 posts is to be followed.
The writ petitioner was not considered for promotion in 2002. When the Departmental Promotion Committee in its meeting held on February 10, 2006, also, did not consider his case, he felt aggrieved and approached the authorities with his representation dated March 6, 2006.
The Administration did not consider his representation. Therefore, he approached the Central Administrative Tribunal with the original application on November 21, 2006.
We have considered the provisions of Sub-section (1)(b) of Section 21 of the Administrative Tribunal Act, 1985.
We are of the opinion that the Tribunal went wrong in holding that the original application was barred by limitation. The representation was filed on March 6, 2006 and the Original Application was filed on November 21, 2006. No order was passed by the authorities on the said representation of the writ petitioner within a period of six months. Therefore, the original application was rightly filed within one year from the date of expiry of the said period of six months.
The Tribunal, however, found, as we have already indicated above, that the writ petitioner was a member of scheduled tribe community and that ‘L’ type roster for promotion was to be followed, but no relief was granted to the petitioner as the original application was held to be barred by limitation. It is pertinent to note that before the Tribunal the administration, also, did not dispute the status of the petitioner as a member of the Scheduled Tribe community.
Since we are of the opinion that the original application was not barred by limitation, we set aside the order impugned and direct the Administration to place the candidature of the writ petitioner before the Departmental Promotion Committee for consideration for promotion to the post of Assistant Registrar of Co-operative Societies in accordance with law.
Before we part with, we record the submission of Mr. Tabraiz, learned advocate appearing on behalf of the private respondents, that the private respondents have, already, lodged a complaint against the writ petitioner, inter alia, alleging that he was not a member of scheduled tribe community before the Assistant Commissioner, Car Nicobar and the same is pending before the Assistant Commissioner, Car Nicobar. It is for the Assistant Commissioner, Car Nicobar to take decision in the matter.
The promotion, if any, of the petitioner shall abide by the decision of the Assistant Commissioner, Car Nicobar.
With the aforesaid directions, the writ petition stands disposed of.
We make no order as to costs.