Allahabad High Court High Court

Bharat Sanchar Nigam Limited Thru … vs J.C. Pandey S/O Late Ram Achal … on 21 January, 2010

Allahabad High Court
Bharat Sanchar Nigam Limited Thru … vs J.C. Pandey S/O Late Ram Achal … on 21 January, 2010
Court No. - 4

Case :- SERVICE BENCH No. - 1174 of 2009

Petitioner :- Bharat Sanchar Nigam Limited Thru Chief
General Manager
Respondent :- J.C. Pandey S/O Late Ram Achal Pandey &
Anr.
Petitioner Counsel :- Pratul Kumar Srivastava
Respondent Counsel :- Praveen Kumar,Shiva Kant Tiwari

Hon'ble Sunil Ambwani,J.

Hon’ble Anil Kumar,J.

It is stated by the counsel for the petitioner that after filing of
the caveat, the respondents are not appearing. He submits
that contempt matter has been fixed on 8.2.2010.

Bharat Sanchar Nigam Ltd., – the petitioner, is aggrieved by
the order of the Central Administrative Tribunal dated
17.3.2009 by which they directed the applicants to be
considered for promotion as Junior Accounts Officer treating
it to be their fundamental right.

It is submitted that the respondents have to be considered
for promotion in accordance with the prevalent rules and that
unless they pass Part-I and Part-II of the Departmental
Examination, they cannot be considered for promotion. In
para 7 of the objections filed in the Tribunal it was clearly
stated that both Part-I and Part-II Examinations have to be
cleared and that the applicants before the Tribunal had not
passed Part-II Examination.

As an interim measure, we stay the operation of the order of
the Tribunal dated 17.3.2009, and consequently the
contempt proceedings shall be stayed until decision of the
writ petition.

Order Date :- 21.1.2010

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