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2007 DIGILAW 903 (JHR)

K. Radhakrishnan Nair v. Union Of India

2007-12-06

RAMESH KUMAR MERATHIA

body2007
JUDGMENT Ramesh Kumar Merathia, J. 1. The petitioner has challenged the order dated 12 th March, 1997 passed by respondent No. 4 by which the petitioners appeal was rejected. The petitioner has further prayed for a direction on the respondents to determine and fix the inter se seniority of the petitioner in the Civilian Officer Grade III (for short "C.O. Grade III") with retrospective date vis-a-vis that of Shri B.L. Mukherjee, from 6 th November, 1984. 2. Admittedly the petitioner was appointed in General Reserve Engineer Force on 17 th December, 1976 as Supervisor Non-Technical Grade I. After completion of initial probationary period of two years, the petitioner has been confirmed in the post of Supervisor Non-Technical Grade I with effect from 17 th December, 1978 and then he was promoted in the grade of C.O. Grade HI with effect from 8 th November, 1989. 3. General Reserve Engineer Force (Non-Technical Officer) Recruitment (Amendment) Rules, 1984 (hereinafter to be referred to as "the Rules") came into effect on 14 th June, 1984 which provides for filling up the posts of C.O. Grade III by selection method 100 percent by promotion from amongst Superintendent (Clerical) (Re-designated as Office Superintendent) Technical Grade I which reads as under.- (a) Office Superintendent : With 3 years regular service in the grade 33 1/3% (b) Supervisor Stores Gde-I: With 6 years regular Service in the grade 33 1/3% (c) Supervisor (Non (sic) : With 10 years regular Service Technical) Gde-I. in the grade 33 1/3% 4. The petitioners promotion became due for consideration in the grade of C.O. Grade III after rendering ten years of service on 17 th December, 1986 but due to limited number of vacancies, he was not given promotion by the Departmental Promotion Committee (for short "D.P.C.") in its meeting held on 24 th April, 1987. The next meeting of the D.P.C. was held on 13 th September, 1989 and on the recommendation of which, the petitioner was promoted as C.O. Grade III by order dated 18 th October, 1989. 5. It further appears that separate eligibility criteria as quoted above has been prescribed in the Rules for three feeder categories and separate eligibility lists as per the seniority list of respective feeder categories were drawn for each category of posts and selections were made as per 33 1/3% quota reserved for each category. 5. It further appears that separate eligibility criteria as quoted above has been prescribed in the Rules for three feeder categories and separate eligibility lists as per the seniority list of respective feeder categories were drawn for each category of posts and selections were made as per 33 1/3% quota reserved for each category. As per the Rules, inter se seniority of promotees in C.O. Grade III was fixed based on the selection panel drawn by the D.P.C. 6. One Shri B.I. Mukherjee, Supervisor Stores Grade I was appointed in General Reserve Engineer Force on 10 th November, 1962 as Store Keeper Grade I. He was promoted to Barrack and Stores Grade II on 9 th October, 1968 and further promoted to Barrack and Stores Grade I on 4 th May, 1973 (redesignated as Supervisor Stores Grade I). He became due for consideration for promotion to the grade of C.O. Grade III on 4 th May, 1979 after completing six years regular service in the grade of Supervisor Stores Grade I. Shri B.L. Mukherjee filed a suit against his supersession. The suit was decreed. The department filed Civil Revision No. 3 (K) 95 in the Gauhati High Court which was disposed of by judgment dated 13 th July, 1995. The concluding portion of the said judgment reads as follow: Admittedly, in the D.P.C. held on 26.10.1984 amongst others, the incumbent whose name figured in Serial No. 22, 23 and 25 have been considered. If that be the case, the plaintiff whose name ought to have been figured in Serial No. 20 ought to have been considered, had his seniority is placed at the appropriate serial number. Therefore, the seniority of the petitioner shall be deemed to be figured in serial No. 20 in the Master seniority list. The plaintiff case should be deemed to have been considered in 1984 in the D.P.C. held on 26.10.1984. The respondents are accordingly directed to take the plaintiff as C.O. Grade-III hiking him to be selected by D.P.C. held on 26.10.84. The plaintiff shall also get all consequential relief. The plaintiff shall not however claim seniority over the persons who has joined the post as SS-I before hurt. 7. Counsel for the petitioner submitted that Shri B.L. Mukherjee was wrongly promoted with effect from 26 th October, 1984 in C.O. Grade III. The plaintiff shall also get all consequential relief. The plaintiff shall not however claim seniority over the persons who has joined the post as SS-I before hurt. 7. Counsel for the petitioner submitted that Shri B.L. Mukherjee was wrongly promoted with effect from 26 th October, 1984 in C.O. Grade III. He further submitted that the High Court ordered that Shri Mukherjee will not claim seniority over the persons who have joined the post of SS-I before him. 8. Admittedly Shri Mukherjee joined the post of SS-I in the year 1985 whereas the petitioner joined such post in the year 1989. Moreover Shri Mukherjee was not made party in this writ petition and it appears that he retired some time in the year 1997. Regarding other persons alleged to be juniors from the petitioner, it has been found in the impugned order that they belonged to different feeder categories and, therefore, promotion was given on the basis of the eligibility criteria as assessed by the respective D.P.Cs. Moreover they were also not made parties in the writ petition. Counsel for the petitioner could not show how the impugned order is illegal. In the circumstances, I find no merit in this writ petition which is, accordingly, dismissed. However, no costs.