IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1356 OF 2007 WRIT PETITION NO. 1356 OF 2007 WRIT PETITION NO. 1356 OF 2007 1. The Union of India & 3 ors. ] .. Petitioners Versus 1. Kum. Mandakini V. Chavan & 4 ors. ] .. Respondents Mr. R.V. Desai, senior counsel with Mr. H.V. Mehta i/b Leena Patil for the petitioners. None for the respondents. CORAM: S.B. MHASE & SMT.V.K. TAHILRAMANI, JJ. DATED: 28TH JANUARY, 2008 P.C. : 1. Perused the judgment of the Central Administrative Tribunal (for short "CAT"). We specifically perused paragraph 14 of the said judgment. What we find is that the claim of the respondents has not been properly considered for promotion by the Union of India and the said fact has been considered by CAT. The CAT found that the respondents-original petitioners are entitled for notional promotion and, therefore, has given direction to consider their case for notional promotion. The Union of India thereby is not affected. It is a case to be considered for notional promotion : 2 : only. Apart from that, the Union of India is expected to give same treatment to the employees. If the other employees, who have not passed the departmental examinations have been promoted then the employees like the respondents cannot be denied the same opportunity only on the ground that they have failed in the departmental examination. The respondents should have been considered for ad-hoc promotion as others were considered. The persons who are similarly situated cannot be treated differently by the Union of India. Therefore, the CAT has taken a proper view. 2. Therefore, no interference is required at the hands of this court. The Petition is, accordingly, rejected. Sd/- Sd/- [SMT.V.K. TAHILRAMANI, J.] [SMT.V.K. TAHILRAMANI, J.] [SMT.V.K. TAHILRAMANI, J.] [S.B. MHASE, J.] [S.B. MHASE, J.] [S.B. MHASE, J.]