I IN THE HIGH CcI3RT OF KARTAKA, AT ALE Dated: This the 5th day of June, 1998 PR ENI’ THE HONBLE THE CHIEF JUSTICE Sc THE HON • BL E . JUSTICE K.R • PRASAD RAO WRIT PETITI UMBER 10987 0? 1998 BETWEEN: 1. The Union of Iria represented by its Secretary Ministry of Defence, Depart— merit of Defence Production & Supplies South Block, DHQ P0 W DSLHT—110 066 2, The Director, Directorate of Quality Assurance (Naval) West Block 5, RK Purn, New Delhi 110 066 ,,. Pettieners (By Sri • Ashok Haranahalli, Avoc ate) 1&te 5 S/o Upper Division Clerk Chief Quality Assurance E 5 t. (Warship Equipment), Ministry of Defence O)GQ) Jalahalli Cnp Road, Banqalore—560 022 •. Resporent —2— 2— Sñt, R,K. SunarTha, Office Superifltefleflt IT, Chief Quality Assurance Estt (Warship Equlpaient), Ministry Ofefence G) Ja1a1ia11i Camp Road, Bangalore—560 022 3 Central Administrative Tribunal, Baqaalore Bench, shopping Caplex, md i ranagar, Bara1ore—56O 038 represented by its ?IEG !STRAR Sri. Writ Petition is to quash vide nnexureD dt: 4.12.97 by R3 and consequently dismiss the Original application No.1039/96 Writ Petition ccuiing on to—dq for prelimnary hearinç the Chief Justice, made the following: —3— OR DER Ixiring the coarse of ariments, the learned Couns for the petitione r6lied upon a Judgement of the Sireme Court in STATE OF PUNJAB —— G.S. GILL (1997> 6 5CC G 121 to urge that as the case in hand was a case of carrying forward the reserved vacancy 0 the Tribunal was not jg— ified in issuing the directior on the basis of the Judgments referred in its order. The learned Counsel has further submitted that out of the two persons, who were appointed in the reserved ca:€gory, one had not joined and under such circutances, there was no necessity of setting aside the promotion of respondent No.2. 2. AS the pleas raised before us were not agitated before the Tribunal, we are not inclinedto interfere in exercise of writ jurisdiction. Writ Petition is dismissed giving the petitioners liberty to me the Tribual even for recall or for review of order on the grou3S t4rged before t.s or siwh other grounds as may be available to them Viy in acc o rdan c with law and siztj ect to all ‘ezceptions, • S. ‘S ?• ••V •‘S —.5 .— I / Jurc’ SIb)/ JUDGE SU