The petitioner is a former employee of the Rubber Board. He retired from service on 31.8.2013 on attaining the age of superannuation. While in service, he had claimed promotion to the post of Development Officer with effect from 15.5.2001 and thereafter to the post of Deputy Rubber Production Commissioner with effect from 19.10.2009. Those requests were rejected by orders passed on 7.8.2013 and 3.2.2013 respectively, by the Rubber Board. Aggrieved thereby, the petitioner has filed Ext.P1 memorandum of appeal under rule 19 of the Rubber Board Service (Classification, Control and Appeal) Rules, 1961. This writ petition is filed for an order directing the Union of India, which is the appellate authority, to dispose of the appeal expeditiously. It is stated that though Ext.P1 memorandum of appeal dated 26.8.2013 was forwarded by the Rubber Board to the appellate authority together with their remarks on 3.10.2013 (as per Ext.P3), till date, the appeal has not been heard and disposed of. 2. When this writ petition came up for consideration on 27.5.2014, it was adjourned to this day so as to enable the learned Assistant Solicitor General of India to get instructions. When the writ petition came up for hearing today, the learned Assistant Solicitor General of India sought two weeks' further time to get instructions. In my opinion as an appeal lies under rule 19 of the Rubber Board Service (Classification, Control and Appeal) Rules, 1961 to the Central Government and the appeal memorandum was forwarded by the Rubber Board to the Ministry of Commerce and Industry along with its letter dated 3.10.2013, the writ petition can be disposed of with a direction to the Government of India to pass orders on Ext.P1 appeal, if the original thereof has been received and is pending before the Government. Such an order would not cause any prejudice to the Union of India.
I accordingly dispose of the writ petition with a direction to the Government of India to consider Ext.P1 memorandum of appeal dated 26.8.2013, if the original thereof has been received by the Government and it is pending, expeditiously and in any event within an outer limit of two months from the date on which the petitioner produces a copy of this judgment along with a copy of the writ petition complete in all aspects before the Secretary to Government, Ministry of Commerce and Industry. The Government of India shall pass a reasoned order, adverting to the contentions raised by the petitioner and after orders are passed, communicate copies thereof to both sides.
vps P.N.RAVINDRAN, (JUDGE)