OA NO.100/2011 -oral -on 14-03-2011

CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BANGALORE

ORIGINAL APPLICATION NO.100/2011

MONDAY, DATED THIS THE 14TH DAY OF MARCH, 2011

HON'BLE SMT. LEENA MEHENDALE ...MEMBER(A)
HON'BLE SHRI V. AJAY KUMAR ...MEMBER(J)


Sri B.K.Sumansa,
S/o Sri. B.K.Lakshmana,
Aged about 43 years,
Presently working as
Driver,
O/o the Commissioner of
Service Tax,
No.16/1, S.P.Complex,
Lalbagh Road,
Bangalore – 560 027. ...Applicant

(By Advocate Shri Anandaramu Associates)

Vs.

1. The Commissioner of Central Excise,
P.B.No.5400, C.R.Buildings,
Bangalore-1, Commissionerate,
Queens Road,
Bangalore – 560 001.

2. The Superintendent of Customs,
Customs Special Preventive,
Kundapura,
Udupi District.

3. Sri. Giriprasad,
Driver,
O/o the Commissioner of
Central Excise,
Bangalore – 560 001. ...Respondents


O R D E R (ORAL)

HON'BLE SMT. LEENA MEHENDALE ...MEMBER(A)

The present applicant has already appeared earlier before this Tribunal in OA No.474/2005 in which it was prayed that since his appointment was of Sepoy-cum-Driver in a lower pay scale and he appeared to be qualified to work as a Driver by relaxing the educational qualification, he should be given the higher scale of the Driver. While dismissing the OA, the respondents were
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directed to consider his case against the vacancies alongwith the other eligible candidates. The Tribunal had also held then that there was no need for the Tribunal to interfere with the order posting present Respondents-4&5 as Drivers ahead of the applicant. Now the applicant has been appointed as a Driver vide order dated 13.1.2010 Annexure A8. Therefore, the prayer in the OA that his appointment as Driver should have been made with retrospective effect ahead of respondents-4&5 is a duplication of his plea in OA No.474/2005. As the same has already been decided in OA N.474/2005 the present OA merits dismiss.
Accordingly, dismissed. No order as to cost.


(V.AJAY KUMAR) (LEENA MEHENDALE)
MEMBER(J) MEMBER(A)

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