Kuldeep Raj S/O Sodagar Mal v. Union Of India, Through Secretary, Ministry Of Labour, Government Of India, New Delhi And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION 5697 OF Petitioner :

Kuldeep Raj s/o Sodagar Mal, Aged 59 years, Occupation : Service, R/o Qtr. No.143, Type-III, New C.P.W.D. Colony, Seminary Hills, Nagpur - 440006.

- Versus - Respondents :

1) Union of India, Through its Secretary, Ministry of Labour Government of India, New Delhi-01

2) Chairman, Central Board for Workers Education, Near V.N.I.T., Nagpur.

3) Central Board for Workers Education, Near V.N.I.T., Nagpur, through its Director General.

4) Shri Hemant G. Purohit, Aged : Major, Occupation : Service, R/o. C/o. Central Board for Workers Education, Near V.N.I.T., Nagpur.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. A.R. Ingole, Advocate for the Petitioner. Mr. Nandesh Deshpande, D.S.G.I. for Respondent 1. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

CORAM:

ROHIT B. DEO AND M.W. CHANDWANI, JJ.

DATE :

7 th JULY, 2023.

J U D G M E N T : (Per Rohit B. Deo, J.) Rule. Rule made returnable forthwith. Heard finally by the consent of the learned Counsel for the parties.

2/3 02] The petitioner is assailing the judgment dated 25/07/2019 rendered by the Central Administrative Tribunal (CAT) in Original Application 2165/2019.

03] The grievance of the petitioner is that his seniority is ignored while passing the order dated 26/04/2016, whereby respondent 4 was promoted as Assistant Director.

04] The petitioner earlier preferred Original Application 426/2016, which came to be disposed of with a direction that the representation of the petitioner be considered.

05] The CAT has found, and we entirely agree, that there was an attempt to mislead the CAT. Respondent 2-Board published a seniority list on 19/03/2015 for the grades of Stenographer Grade-I and Grade-II, Senior Clerk, Statistical Assistant and Technical Assistant. The petitioner was Senior Clerk, while respondent 4 was Stenographer Grade-I and in the seniority list, he was assigned higher position and Scale of PB-II with Grade Pay of Rs.4600/-. The petitioner was placed in Grade PB-I with Grade Pay of Rs.2800/-. The CAT found that the grievance is absolutely without substance and dismissed Original Application 2165/2019 with costs of Rs.5,000/-

3/3 06] We do not see any error in the view taken by the CAT. The petition is dismissed. Rule is discharged with no order as to costs. (M.W. CHANDWANI, J.) (ROHIT B. DEO, J.) *sandesh Signed by:SANDESH DAULATRAO WAGHMARE Private Secretary to the Hon'ble Judge Date :10.07.2023 19:03