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PETITIONER: C.S.BALAN AND OTHERS

       Vs.

RESPONDENT: CHIEF GENERAL MANAGERTELECOM AND OTHERS

DATE OF JUDGMENT:       26/04/1996

BENCH: RAY, G.N. (J) BENCH: RAY, G.N. (J) HANSARIA B.L. (J)

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.      Heard learned  counsel for the parties. The appellants’ grievance  is   that  before   the  Central   Administrative Tribunal, Ernakulam  Bench,  the  appellants  sought  for  a declaration that  they were  entitled to  be promoted w.e.f. December, 1990 to the post of Junior Telecom Officer because vacancies in  the quota,  in which  they were entitled to be promoted, were  available. It,  however, appears  from the - impugned  order   that  the   question  of  the  appellants’ entitlement to get promotion has not been gone into, but the application has been disposed of by noting the concession of the respondent  that  the  appellants  would  be  given  due seniority. Since the claim for promotion is also required to be considered,  we allow this appeal and remit the matter to the  Tribunal   for  consideration   of  the  claim  of  the appellants to  get promotion  from earlier date as sought to be agitated in the application presented before the Tribunal In  the  facts  of  the  case,  it  is  directed  that  such consideration be  made by  the Tribunal  after  hearing  the parties within four months from the date of communication of this order.  The appeal  is accordingly  disposed of with no order as to cost.