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. 2 Hawa Singh, Chem. Lab AD/Tech- Peon 10.1.63 Chem. 3 Rajesh Kumar WT Branch Ad/Tech-TP Arora Peon 6.8.67 5 Hirendra Singh Chem. Lab Ad/Tech- Rawat, Peon Chem. 4.3.64 6 Top Bahadur SIB Srinagar JDD/Tech- Thapa, Washboy (at Jammu) Mob. 6.1.70 DD/Tech-NC 1 Shankar Rao, C-II Branch AD/Tech-ANA 4 Peon 25.9.66 1 Hawaldar Singh, SDN SDN 6 Daftry 15.12.60 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.;