ORDER : K. Venkataswami, J. The appellant, who belongs to the Scheduled Tribe community, was working as a Junior Engineer. By order dated 4-9-1982, he was promoted as Assistant Manager in the Telecom Factory. 2. The appellant filed OA No. 668 of 1990 before the Central Administrative Tribunal to the effect that there was a regular vacancy of Assistant Manager in the Telecom Factory which existed with effect from 31-8-1982 and therefore he should have been appointed on regular basis, with effect from that day, and not as a temporary or ad hoc employee. 3. By order dated 25-11-1993, the Central Administrative Tribunal allowed the said OA in the following words: "From the records of the case and the facts stated above, it is clear that a post of Assistant Manager (Factories) has existed from at least 4-9-1982 when the applicant had been initially appointed, although on ad hoc basis. From the extract of the Forty-Point Roster given by the respondents, Point 17 for the year 1982 was also earmarked for a Scheduled Tribe employee. We are, therefore, satisfied that the applicant is entitled to be considered for promotion on regular basis to the post of Assistant Manger (Factories) from the date he was appointed on ad hoc basis i.e. 4-9-1982 with all consequential benefits in accordance with rules." 4. The respondent filed an application for review in which it was, inter alia, contended that there was no vacancy which was reserved for the promotion quota in the year 1982 for a Scheduled Tribe candidate and therefore the appellant could not have been promoted to the post of Assistant Manager on regular basis in the year 1982. This revision application was dismissed on 30-9-1994. 5. By order dated 25-8-1995, the appellant was regularised as an Assistant Manager with effect from 11-7-1988 purporting to implement the judgment dated 25-11-1993 of the Tribunal. Inasmuch as the appellant felt aggrieved by this order as he was claiming regularisation with effect from 4-9-1982, an application was filed by the appellant before the Central Administrative Tribunal being Contempt Petition No. 59 of 1995. The prayer in this application was that the respondents should be directed to comply with the judgment of the Tribunal dated 25-11-1993. 6. By the impugned judgment dated 14-2-1996, the contempt petition has been dismissed.
The prayer in this application was that the respondents should be directed to comply with the judgment of the Tribunal dated 25-11-1993. 6. By the impugned judgment dated 14-2-1996, the contempt petition has been dismissed. While dismissing this application, the Tribunal examined the question whether there was a vacancy available in the year 1982 in the grade of Assistant Manager to which the appellant could have been appointed. The Tribunal held that no vacancy in the grade of Assistant Manager was available to which the appellant could have been appointed in the year 1982 and as DPC had not met from 1982 to 1987 and it only met in the year 1988, therefore the appellant was rightly regularised with effect from 1988. 7. In our opinion, the Tribunal had no jurisdiction to go into the question whether any vacancy existed in the year 1982 to which the appellant could have been promoted on regular basis as Assistant Manager. All these questions were gone into by the Tribunal when it decided in favour of the appellant vide its order dated 25-11-1993. All that the Tribunal was then required to do was to see whether this order had been complied with or not. The letter dated 25-8-1995 while purporting to implement the judgment of 25-11-1993 was really not in consonance with the said judgment. As already noticed, the relief which was granted to the appellant vide order dated 25-11-1993 was that he should be appointed as Assistant Manager (Factories) on regular basis with effect from 4-9-1982 and he should get all consequential benefits in accordance with the rules. This order, to our mind, set at rest the question as to with effect from which date the appellant had to be regularised. What the Tribunal has done by the impugned order is really to reverse the decision contained in its order of 25-11-1993. This the Tribunal could not do. 8. It follows from the above that by virtue of the order dated 25-11-1993 the appellant has to be regarded as having been appointed Assistant Manager (Factories) on regular basis with effect from 4-9-1982. All that is now required to be done by the respondent is to give him consequential benefits in accordance with the rules. 9.
8. It follows from the above that by virtue of the order dated 25-11-1993 the appellant has to be regarded as having been appointed Assistant Manager (Factories) on regular basis with effect from 4-9-1982. All that is now required to be done by the respondent is to give him consequential benefits in accordance with the rules. 9. We, therefore, allow this appeal and direct the respondents to comply with the order dated 25-11-1993 and give consequential benefits to the appellant by treating him as having been appointed on regular basis with effect from 4-9-1982. These consequential benefits should be given within eight weeks from today. 10. The appellant will also be entitled to costs. Appeal allowed.