This O.P. was dismissed. The High Court found no merit in the challenge to the CAT order restoring promotion to the respondent for overlooking her due to a deleted adverse Confidential Report remark for the year 2004-05.
Delay in grant of promotion to the respondent due to deletion of adverse remark.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933
OP (CAT).No. 1012 of 2011(S)
---------------------------AGAINST ORDER DATED 04/11/2010 IN OA.679/2009 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS
BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL,SC,CB EX
RESPONDENT(S):
--------------V.K.PUSHPAVALLY, INSPECTOR OF CENTRAL EXCISE, (NOW PROMOTED AS SUPERINTENDENT OF CENTRAL EXCISE) CENTRAL REVENUE BUILDINGS, I.S.PRESS ROAD, COCHIN - 682 018.
ADV. SRI.C.S.GOPALAKRISHNAN NAIR FOR R1 SMT.CHANDINI G.NAIR FOR R1
THIS OP (CAT) HAVING BEEN FINALLY HEARD
ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (CAT) NO.1012/2011
APPENDIX
PETITIONER'S EXHIBITS
PA TO JUDGE.
jg
C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ.
OP(CAT) No.1012 of 2011
Dated this the 19th day of July, 2011.
J U D G M E N T
Ramachandran Nair, J.
Heard learned Standing Counsel who filed the OP(CAT) for the Central Excise and learned counsel for the respondent.
2
OP(CAT).No.1012/2011
later she was promoted in 2010, whereas her immediate junior was promoted in 2009.
We, therefore do not find any merit in the OP(CAT) and the same is accordingly dismissed.
(C.N.RAMACHANDRAN NAIR, JUDGE)
(P.S.GOPINATHAN, JUDGE)
jg
2 issues framed by the court
Whether the order of the Central Administrative Tribunal directing restoration of promotion to the respondent was sustainable when she had already been promoted in 2010.
Whether the deletion of an adverse remark in a Confidential Report by a higher authority entitles the concerned employee to retrospective promotion.
Central Excise Commissioner, Government of India
Union of India
V.K. Pushpavally
C.N. Ramachandran Nair
P.S. Gopinathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
