Union of India and Anr v. Hawa Singh and Others

MOOL CHAND GARG, J.

ANIL KUMAR, J.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P. (C.) No. 824/2010 % Date of Decision:09.02.2010 UNION OF INDIA AND ANR. …. PETITIONERS Through: Ms. Reeta Kaul, Advocate Versus HAWA SINGH & ORS. …. RESPONDENTS Through: None CORAM: HON'BLE MR. JUSTICE ANIL KUMAR HON'BLE MR. JUSTICE MOOL CHAND GARG 1. Whether reporters of Local papers may be allowed to see the judgment? Yes 2. To be referred to the reporter or not? No 3. Whether the judgment should be reported in the Digest? No : MOOL CHAND GARG, J. * 1. The Union of India has filed this petition under Article 226 of the Constitution of India seeking reversal of the order passed by the Central Administrative Tribunal (hereinafter referred to as "the Tribunal") dated 28.07.2009 in OA No. 1601/2008 whereby the Tribunal has set aside the order dated 7.1.2008 recasting the seniority of the fourth respondent in OA (respondent No.6 before this Court) as well as the order dated 28.02.2008 promoting him to the post of Laboratory Assistant, without considering the claim of the applicants in OA (respondent Nos. 1 to 5 before this Court). 2. Briefly stating, the facts of this case are that: (i) Respondents were appointed as Laboratory Attendant even though on transfer of service basis but through a competitive examination vide order dated 27.11.2002. While making their appointments it was specifically mentioned in the order that inter se seniority in the grade would be indicated in the order and the concerned officials would cease to have any claim in seniority in their previous ranks for the purpose of promotion. The said order for the sake of reference is reproduced hereunder:- "The following personnel are appointed as Laboratory Attendants in the Intelligence Bureau on transfer of service basis in the pay scale of Rs. 2610-60-3150-65-3540/-. Their appointment will take effect from the date they took over charge of the post of Laboratory Attendants in IB Hqrs., New Delhi. Hawa Singh, Peon 10.1.63 Chem. Lab AD/Tech- Chem. Rajesh Kumar Arora Peon 6.8.67 WT Branch Ad/Tech-TP Hirendra Singh Rawat, Peon 4.3.64 Chem. Lab Ad/Tech- Chem. Top Bahadur Thapa, Washboy 6.1.70 SIB Srinagar (at Jammu) DD/Tech-NC JDD/Tech- Mob. Shankar Rao, Peon 25.9.66 C-II Branch AD/Tech-ANA Hawaldar Singh, Daftry 15.12.60 SDN SDN 2. On induction in the Laboratory Attendant Cadre, their inter se seniority in the grade will be as indicated above. 3. Consequent upon their appointment as Lab. Attendant on transfer of service basis, the concerned officials will cease to have any claim in seniority in their previous ranks for the purpose of promotion etc." 3. This seniority assigned to Respondent Nos. 1 to 5 and Respondent No.6 was further authenticated vide memorandum dated 31.5.2007. 4. The said seniority was circulated after revising the same by deleting the names of those who have since been promoted to the higher rank. The memorandum also stated that the seniority list is enclosed and in case there is any discrepancy/omission or the name of any person is found to be missing in the seniority list, the same can be brought to the notice along with particulars as recorded in the service book of the official concerned within a period of six months, failing which the list would be treated as final. As per the seniority list annexed with the memorandum aforesaid, nine Laboratory Attendants were senior to all those who came to be appointed vide orders dated 27.11.2002. Respondent No. 6 was once again shown at the bottom of the seniority list at serial no. 24. 5. However, the seniority of Respondent No. 6 was changed by the petitioners for the reasons given in the order dated 11.3.2008 after rejecting the representation of Top Bahadur Thapa on the ground that as per MHAs direction the seniority of Respondent No.6 had been re- fixed with effect from the date of his appointment as Daftry as the post of Daftry carries the same pay scale as that of Laboratory Attendant as he was holding the post of Washboy prior to his appointment