2015 (2) TMI 414

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..... order in service matters. In fact the definition of service matters under Section 3(q) of the Central Administrative Act, 1985 is very wide and is not dependent upon formal orders. To illustrate, when a person is superseded by his juniors, the person concerned can challenge his supersession even in the absence of a formal order. Hence, there would not be any specific order of the employer for a Senior Employee to challenge his supersession at the time of the promotion of a Junior employee. The information supplied to the petitioners under Right to Information Act, 2005 explains why the applicants request for deemed date of promotion as Jr. Engineer Grade II with effect from 2003 has not been accepted. Therefore, it can be a subject matter o .....

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..... due to which Shri. Karanikar s name did not appear in the On Books list of Maistries and was not considered for the post of JE-II w.e.f. 1-11-2003 while implementing the restructuring orders. As per Headquarters directions Shri. Karandikar was promoted as JE-II w.e.f. 1-11-2003 by CWM/Parel. Whereas in Matunga Workshop there were excess operation in Maistry Cadre hence the incumbents of those excess posts were granted an option to opt either substantive post of parents cadre or officiating post of maistry and on the basis of options received from you, you were continued to work on the post of Maistry. 2. It is clear from the above reply that the petitioners had sought service information inter alia as to why they were not given deem .....

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..... lustrate, when a person is superseded by his juniors, the person concerned can challenge his supersession even in the absence of a formal order. Hence, there would not be any specific order of the employer for a Senior Employee to challenge his supersession at the time of the promotion of a Junior employee. The information supplied to the petitioners under Right to Information Act, 2005 explains why the applicants request for deemed date of promotion as Jr. Engineer Grade II with effect from 2003 has not been accepted. Therefore, it can be a subject matter of challenge before the Tribunal. 5. The employees would therefore, be well within their right to challenge such decision which is received as information under Right to Information Ac .....

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