Union of
India Vs. D.K. Vijh
[2008] INSC 864 (8 May 2008))
CIVIL APPELLATE JURISDICTION CIVIL
APPEAL NO. 7352 OF 2002 UNION OF INDIA .......APPELLANT(S) Versus WITH C.A.
NO.7025/2002
ORDER Heard learned counsel for the appellant. Despite notice, none appears on
behalf of the respondent. However, in view of a recent decision of this Court
rendered in dispose of this appeal on merits.
This appeal is directed against
the judgment of the High Court. The respondent was appointed as Section Officer
on 4/7/1962. Thereafter,
he was promoted to the post of Assistant Engineer sometimes in February 1972.
On 27/8/1978,
he was promoted to the post of Executive Engineer(C) on adhoc basis. The
regular selection committee met on 11/4/1997 and recommended for regularisation
of the respondent alongwith others w.e.f. 20/3/1997. The seniority list of
Executive Engineers was published where it had been shown that the seniority of
the respondent is reckoned w.e.f.
20/3/1997. Aggrieved thereby, the
respondent filed O.A. before the Central Administrative Tribunal. The CAT
allowed the .......2.
-2- application. The High Court
confirmed the finding. Hence, the present appeal by special leave.
The sole question to be determined
in this appeal is as to whether the seniority of the respondent in the cadre of
Executive Engineer is to be reckoned with effect from the date of the DPC or
from the date of occurance of vacancies in the said post. This question has
been answered by this Court in a recent decision of this Court in the case of Nirmal
Chandra Sinha (supra). The said decision squarely covers the facts of the case
in hand.
Accordingly, the orders of the
tribunal and of the High Court are set aside.
Original Application filed by the
respondent stands dismissed. Appeal is allowed.
CIVIL APPEAL NO. 7025 OF 2004 In
view of our order passed in C.A. No.7352 of 2002, this appeal is allowed.
The orders of the tribunal and of
the High Court are set aside. Original Application filed by the respondent
stands dismissed.
...........................J.
( H.K. SEMA ) New Delhi;
...........................J.
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