- (1.) Petitioners are working as Taxation Inspector with the respondents. By filing this writ petition, they have prayed that a writ of certiorari be issued to quash order dated 28.11.2006 (P/12), vide which, benefit of notional fixation of pay, from the date when seniority was given to them i.e. 1.6.1993, has been declined.
(2.) Brief facts of the case are that the petitioners, being ex- servicemen, in response to an advertisement, applied for the post of Taxation Inspector, in the year 1992. They were interviewed, however, Selection Board, instead of offering appointment to ex-servicemen, appointed dependents of the ex-servicemen against the post referred to above.. Petitioners, feeling aggrieved, filed writ petition in this Court, which was dismissed. They went to the Hon'ble Supreme Court and vide order dated 25.3.1996, appeal filed by them was allowed, by observing thus: "It is contended by Shri Mahabir Singh, learned counsel for the appellants that the Selection Board has adopted a policy of calling the ex-servicemen and the dependent children of the ex-servicemen together to consider their cases for recruitment according to merit which would stand in impediment to the ex-servicemen. We find force in the contention. The object of reservation of the ex-servicemen is to rehabilitate them after their discharge from the defence services. As per the instructions issued by the State Government, in the absence of availability of the ex- servicemen instead of keeping those posts unfilled, the dependent children, namely, son or daughter of ex-servicemen would also to be considered. The object thereby would be that the Selection Board should first consider the claims of the ex- servicemen and have their eligibility considered independently in the first instance before the claims of the dependent children of the ex-servicemen are considered. If they are found eligible and selected, for the balance unfilled posts, the selection should be done from among the dependent children of the ex- servicemen."
(3.) When the authorities failed to implement the order passed by the Hon'ble Supreme Court, the petitioners filed an application to initiate contempt proceedings. That application was disposed of on 29.10.1999 in view of the fact that in the meantime, the respondents had implemented the order passed by the Apex Court. Subsequent thereto, their seniority was also fixed along with many other candidates (who were also selected against the posts reserved for ex-servicemen). Seniority was fixed w.e.f. 1.6.1993 and the petitioners' name were shown at serial Nos.9, 6, 3, 10 and 8 respectively, as per seniority list dated 18.6.2002 (P/3).;