THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO. 2319 OF 2010 ORDER (Per the Hon’ble Sri Justice Ghulam Mohammed): This writ petition is filed for a writ of Certiorari to call for the records in O.A.No.701 of 2008 from the Central Administrative Tribunal (for short “the Tribunal”), Hyderabad and to quash order dated 02.09.2009 passed therein. The petitioner also sought for a consequential direction to declare the action of the respondents in not upgrading him as Scientific Assistant-B from the date of his acquiring the additional qualification as arbitrary, illegal and to direct the respondents to promote him as such from the date of his acquiring the additional qualification and to pay the consequential benefits. 2. The petitioner joined the Department of Atomic Energy in 1971 at Baba Atomic Research Center as Trainee and transferred to Nuclear Fuel Complex as Tradesman-B. He acquired additional qualification i.e., Diploma in Mechanical Engineering in 1980 with the permission of the respondent-Organisation and he was promoted as Tradesman-D in 1982. In 1984, he was promoted to the grade of Scientific Assistant-A and in 1988, he was promoted to the grade of Scientific Assistant-B. The case of the petitioner is that he is eligible for upgradation to the post of Scientific Assistant-B from the date of his acquiring additional qualification i.e., from 1980. Therefore, he made a representation on 15.07.2008 requesting the respondents to upgrade him as Scientific Assistant-B with effect from the date of his acquiring additional qualification. The said representation was rejected by letter dated 05.08.2008. Again the petitioner made another representation on 09.08.2008, which was also rejected by the respondents. Therefore, he approached the Tribunal by filing the above said O.A. 3. The Tribunal, after hearing the learned counsel appearing for the parties and also upon perusal of the material available before it, dismissed the O.A agreeing with the contention of the respondents that the case of the petitioner cannot be reopened at the belated stage. 4. We have heard the learned counsel for the petitioner and gone through the material available before us. 5. The petitioner was initially appointed as Tradesman-B on 01.07.1972 and while working as Tradesman-C, he acquired additional qualification of Diploma in Mechanical Engineering in 1980. He was promoted to the grade of Scientific Assistant-A on 01.08.1984 and further promoted to the grade of Scientific Assistant-B on 01.08.1988. The grievance of the petitioner is that since he acquired additional qualification of Diploma in Mechanical Engineering in 1980 itself, he is eligible for upgradation to the post of Scientific Assistant-B from 1980 and that since the post of Scientific Assistant-A was abolished with effect from 01.02.1992, the persons who acquire additional qualification in 1992 were directly promoted as Scientific Assistants-B. The petitioner, instead of raising the said plea at the earliest point of time, made representations to the respondents and also approached the Tribunal after a lapse of 24 years from the date of his being promoted as Scientific Assistant-A in 1984. The O.A was dismissed by the Tribunal holding that the case of the petitioner cannot be reopened at the belated stage. We do not find any error in the said finding of the Tribunal. Even the respondents, while rejecting the representation of the petitioner, in their letter dated 05.08.2008, stated that the promotion of the petitioner to the grade of Scientific Assistant– A in 1984 was considered as per the then existing norms and based on the recommendations of the Selection Committee. Since the petitioner was already promoted to the post of Scientific Assistant–B in 1988 itself, and the norms were revised in 1992 to the effect of promoting the candidates as Scientific Assistants-B directly, who acquire additional qualification, he cannot claim for his upgradation to the post of Scientific Assistant–B from the date of his acquiring additional qualification i.e., from 1980. The petitioner, having slept over the matter for 24 years and having accepted his promotion to Scientific Assistant–A in 1984, cannot now claim for his upgradation to the post of Scientific Assistant-B from 1980. 6. For the foregoing reasons, we find that the impugned order passed by the Tribunal needs no interference and the case of the petitioner cannot be reopened at this belated stage. 7. The writ petition is, therefore, dismissed. No order as to costs. ______________________ GHULAM MOHAMMED,J Dated 16th February, 2010​ ______________________ SANJAY KUMAR, J vrn