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Union Of India Thru' Secy. (Defence) & Ors. v. Uma Shankar Tripathi & Anr. - WRIT - A No. 22780 of 2002  RD-AH 1358 (8 November 2004)
Court No. 1
Civil Misc. Writ Petition No. 22780 of 2002
Union of India and others Vs. Sri Uma Shankar Tripathi and another.
HON'BLE YATINDRA SINGH, J
HON'BLE V.S. BAJPAI, J
1. Sri Uma Shakkar Tripathi (the contesting respondent) was on the post of Fireman Gr. I. He was promoted to Leading Hand Fireman (LHF) with effect from 1.10.1994. He was reverted back by the order dated 10.1.1995 with effect from with effect from 1.11.1994. He filed Original Application before the Central Administrative Tribunal. This has been allowed on 19.4.2002. Hence the present writ petition.
2. We have heard Sri SK Rai, counsel for the petitioner and Sri GP Singh, counsel for the contesting respondent.
3. It is not disputed that Sri Tulsi Ram was also working on the post of fireman Gr. I and was senior than the contesting respondent. The promotion is on the basis of seniority subject to rejection of unfit. Sri Tulsi Ram was not promoted as he was suspended on 1.10.1994. He has been discharged in the criminal case and has been reinstated. He is senior than the contesting respondent. The promotion is on the basis of seniority subject to rejection of unfit. There is nothing to show that he has been rejected as unfit. In view of this Sri Tulsi Ram should be promoted and not the contesting respondent.
4. The counsel for the petitioner submitted that in the order served upon the petitioner it was not mentioned that if Tulsi Ram is cleared in the criminal case then the contesting respondent would be reverted back. Even if this is so, it does not make any difference Sri Tulsi Ram is senior; he has not been rejected as unfit and is entitled to be promoted. However, we clarify that in case the contesting respondent has worked on the promotional post then he would be given salary for that period and salary already given to him for that period will not be recovered.
5. With these observations the writ petition is partly allowed.
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