(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. We have heard Mr Sudhir Mehta, learned counsel for the petitioners and Mr P.H. Pathak, learned counsel for the respondents. This petition has been filed challenging the order dated 5.12.2003 passed by the Central Administrative Tribunal, Ahmedabad in O.A. 15/1999.
2. The respondents claimed promotion to the post of Senior Clerk as they have passed departmental competitive examination but they could not succeed in the typing test. The respondents approached the Central Administrative Tribunal (for short, “the Tribunal”). The Tribunal took a view that the respondents be promoted provisionally and their typing test be taken within two years from the date of provisional promotion and if they pass the typing test then their promotion would be regularized and if they fail, they shall be reverted back. It is necessary to extract para 7 of the order of the Tribunal as under:
“7. In view of the foregoing discussion and in view of the facts and circumstances of the case, we partly allow this O.A. and direct the respondents to consider the applicant No.1 and 3 for promotion on provisional basis to the post of Sr.Clerk and in terms of amended para 174 of the IREM with an opportunity to clear the typing test within two years from the date of provisional promotion. As regards the applicant No.2, she is already working as Sr. Clerk on provisional basis and therefore, if she has availed of the opportunity to clear the typing test within two years of the date of her promotion, appropriate orders in her case in view of the provisions of amended para 174 of IREM be passed. It also shall be made clear that on their failing to clear the typing test within two years from the date of promotion, they shall stand reverted to the post of Sr. Clerk. This exercise shall be carried out within four months from the date of receipt of a copy of this order.”
The petitioners-original respondents have not yet promoted the respondents-original petitioners provisionally nor they have given the respondents an opportunity of appearing in the typing test due to pendency of this writ petition.
3. Having heard the learned counsel for the parties, we find that the view taken by the Tribunal is correct and justified and it is always open to the petitioners to revert the respondents if they fail to pass the typing test within two years after they are promoted provisionally to the post of Sr.Clerk.
4. We do not find any illegality or infirmity in the impugned order passed by the Tribunal. This writ petition thus fails and it is accordingly dismissed. Rule is discharged.
[V.M. SAHAI, J.] [G. B. SHAH, J.] msp