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in the central administrative tribunal - chandigarh

in the central administrative tribunal - chandigarh

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Published by: K V Sridharan General Secretary P3 NFPE on Jan 16, 2010
Copyright:Attribution Non-commercial

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08/08/2013

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IN THE CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH

SUO MOTO REVIEW
IN OA NO. 563/PB/2004
O.A. NO. 1016/2001

Chandigarh: this 17th day of February, 2005

Om Parkash Bhagat s/o Shri Gian Chand
Assistant Sub Postmaster (Retd)
Now R/o 3540/14, Gali No. 13, Haripura
P.O. Jawala Flour Mills, Amritsar

\u2026..Applicant
(By Shri C.L. Gupta, Advocate)
-Versus-
1.

Union of India, Ministry of Communication
& I.T. through Secretary-cum-Director General,
Department of Posts,
New Delhi -110001

2.
Chief Postmaster General, Punjab Circle
Chandigarh
3.
Senior Superintendent Post Offices,
Amritsar Division, Amritsar
\u2026\u2026..Respondents
(By: Shri Deepak Agnihotri, Advocate)
O RDER
( By: Hon\u2019ble Mr. Kuldip Singh, Vice Chairman)

This Bench while hearing OA No. 563/PB/2004 had observed that since there was divergent opinion expressed in various judgments, the judicial discipline require that the matter be referred to be Full Bench and the following question was referred to be Full Bench:-

a) Whether an employee covered under BCR Scheme is entitled to the benefit of promotion from the date he completes 26 years of service or from the date when DPC recommends the case of the applicant.

b) Whether the circular dated 31-10-95 vide which the instructions have been issued to hold DPC meeting twice in year is violative of the original BCR Scheme issued on 11-10-1991.

2.

This order was passed on 12th January, 2005. However, vide order dated 14th January, 2005 in OA No. 7/JK/2003, a Full Bench of this Tribunal had decided the same controversy and rendered the second reference on the same issue futile exercise.

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