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CAT directive on IPS officers' promotion

By Our Staff Reporter

CHENNAI, APRIL 11. The Chennai Bench of the Central Administrative Tribunal today directed the Centre to pass orders within three months on a representation from IPS officers objecting to the seniority given to two promoted officials.

The CAT bench, comprising its Vice-Chairman, Sathi Nair, and Judicial Member, Ashok S. Karamadi, was passing orders on a batch of applications from five IPS officers — Sandeep Rai Rathore, Rajeev Kumar, Abhay Kumar Singh, K. Vannia Perumal and Shailesh Kumar Yadav. They had challenged a March 23, 2004 notification of the Centre fixing the seniority of S. Avudayappan and P. Sivanandi above them.

They said the original Select List prepared for 1994-95 did not include the two State officials. However, after the Supreme Court directed the review of the Select List and the preparation of a fresh list, they were included and their year of allotment was fixed as 1991.

Rejecting the applicants' stand, the Bench said they had not challenged an order of the Selection Committee, which revised the Select List, leading to the notification dated January 30, 2004. "The applicants have not challenged this order, which is the basis for the fixation of seniority. It is well settled law that consequential order cannot be challenged without challenging the main order." Pointing out that a representation had been submitted to the Home Ministry on June 22, 2004, it said: "When the representations of the officers are pending before the competent authority, no interference is called for at this stage." It then directed the Centre to dispose of the representation within three months.

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