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2008 DIGILAW 224 (PAT)

Harish Kumar Sahu v. Union Of India

2008-02-01

BARIN GHOSH, RAJESH BALIA

body2008
Judgment Rajesh Balia and Barin Ghosh JJ. 1. Heard learned counsel for the parties. 2. The petitioner claims that his seniority in Senior Scale Group A ought to have been fixed with effect from 31.3.1989, that is to say, with effect from the date he has been promoted on ad hoc basis in Senior Scale after clue selection and consequence flowing therefrom must follow. 3. The petitioner had been working as Signal Inspector Grade II in Group C post . On 28.12.1983 he was called to appear for promotion to the post of Assistant Signal & Telecommunication Engineer, which is a Group B gazetted post, for which he was selected and posted accordingly. On 13.3.1989 the case of the petitioner was placed before the Selection Committee for grant of Senior Scale Group A, in which the Departmental Promotion Committee (Selection Committee) found him fit and, accordingly, he was approved by the competent authority vide panel dated 13.3.1989 and he was placed at the top of the list. On 27.3.1989 the petitioner was posted as D.S.T.E. (Construction), Seeldah on ad hoc basis. 4. However, when the petitioners service on ad hoe basis was not counted for considering his seniority, but the same was considered in the case o his co-worker, D.B. Ghose. For the relief, the petitioner had earlier approached the Central Administrative Tribunal, Patna Bench, Patna vide O.A. No. 371 of 2000, which came to be decided on 19.2.2004. The Tribunal found that while petitioners co- employee, who has been appointed along with the petitioner on ad hoc- basis by promotion to Senior Scale, has been given advantage of services rendered on ad hoc basis but the same benefit has not been given to the petitioner. The Tribunal directed that the petitioner is entitled to the benefit of the period spent on his appointment on ad hoc basis after due selection. The decision of the Tribunal became final as the same was not challenged. 5. However, when the petitioner had made representation for considering his case for further promotion vis-a-vis his juniors, his representation should be considered by the respondent department. In pursuance of the aforesaid directions, when the petitioner made his representation, the petitioners seniority for future promotion was taken up without considering the period spent on ad hoc basis after due selection ignoring the decision of the Tribunal. This led to filing of O.A. No. 299 of 2005. In pursuance of the aforesaid directions, when the petitioner made his representation, the petitioners seniority for future promotion was taken up without considering the period spent on ad hoc basis after due selection ignoring the decision of the Tribunal. This led to filing of O.A. No. 299 of 2005. The Tribunal has rejected the claim of the petitioner by re-determining the issue against the petitioner by holding that he is not entitled to count the period of his ad hoc service spent on promotion after due selection for the purpose of seniority. 6. We are of the opinion after considering the aforesaid facts that in view of the decision dated 19.2.2004 rendered in O.A. No. 371/2000 which had become final interse parties, the direction to count the period spent as ad hoc basis on promotion with effect from 31.3.1989 to 15.3.2002 has become binding on the parlies and operated as res judicata for future determination by the Tribunal. 7. In view thereof when admittedly the respondents have not taken into consideration the petitioners seniority in Senior Scale Group A while considering his case for future promotions, they committed an error. The petitioners seniority had to be determined in Senior Scale Group A in accordance with the directions of the Tribunal dated 19.2.2004 by computing the period spent as ad hoc basis and, on that premise, his consideration for subsequent promotions vis-a-vis his juniors ought to be considered. 8. Accordingly, the writ petition is allowed. The impugned order of the Tribunal is set aside and the Respondents arc directed to carry out the exercise of petitioners consideration for promotion to the next higher post after assigning him seniority in Senior Scale Group A post with effect from 31.3.1989. 9. This exercise may be completed within a period of three months with effect from the date a copy of this order is served upon the respondents or produced before them.