K.Sreedharan, C.J. - (1.) Petitioner in Special Civil Application No. 2719 of 1980 is Appellant. He started his service as Assistant Traffic Superintendent in Bombay State Road Transport Corporation, in the year 1953. In the month of November, 1959, he joined Territorial Army. He was in the Army till May, 1968. During this period, six of his juniors were promoted to the next higher post of Divisional Traffic Superintendent. After rejoining the Transport establishment, he claimed promotion to the cadre of Divisional Transport Superintendent with effect from the date on which has immediate junior was promoted. This claim was declined by the respondents. Thereupon, he approached this Court by filing Special Civil Application No. 2719 of 1980. Learned Single Judge by judgment dated 4th July, 1996 dismissed that application. Hence, this appeal.
(2.) . Main grievance advanced by the learned counsel representing the appellant is that appellant should have been given protection of his seniority and promotion to the cadre of Divisional Traffic Superintendent as and when vacancy in that cadre arose. This right of the appellant, it is stated, is protected by Annexures "A", "B" & "C" filed alongwith Special Civil Application. Had these exhibits been taken into proper consideration, it is said, the learned Judge would not have dismissed Special Civil Application. So, we will proceed to deal with these exhibits, at the first instance.
(3.) . Annexure "A" is reproduction of Rule-7-A of Territorial Army Regulation, 1948. It is concerned with reinstatement in civil employment of persons required to perform military service. As per this rule, a person whose service was required in military, on return, should be reinstated in civil service. This rule has no application to the facts of this case because appellant who returned from Territorial Army was absorbed in service under the Transport Establishment. Since he has been readmitted to the cadre in which he worked prior to his joining the Territorial Army, regulation 7-A has been fully complied with.;