PROKASH CHANDRA MALLICK, J. - (1.) This is an application under Sec. 19 of the Administrative Tribunals Act, 1985, praying for a direction to the responder to fix the seniority of the applicant as per law, particularly by placing him above respondents 3 to 6.
(2.) The applicant is a Deputy Director of Mines Safety in the Director General of Mines Safety. He was promoted to this post on 7.2.76. Respondents 3 to 6 are direct recruits and were appointed as Deputy Director on 14.12.78, 18.12.78, 23.3.78 and 21.2.79 respectively. A seniority list of Deputy Directors as on 1.9.1981 was published on 24.3.83 (vide Annexure -A) showing the applicant at serial 38 and respondents 3 to 6 at serials 32, 33, 36 and 37 respectively i.e. above the applicant. The applicant represent against this seniority list by relying upon the judgement of the Supreme Court in A. Janardhan's case, but his representation was rejected vide Annexure -B dated 27.9.83 on the ground that the judgement of the Supreme Court in A. Janardhan's case was applicable to M.E.S. only, to which related. The present application was filed on 28.4. 87. It was admitted 26.6.87 in the absence of the Learned Counsel for the respondents.
(3.) We have heard Mr. A.K. Sarkar, Learned Counsel for the applicant and Mr. D.N. Das, Sr. Standing Counsel leading Mr. C.R. Bag, Addl. Standing Counsel for the respondents.;