M.C.JAIN, J. - (1.) BY this writ petition the petitioner has challenged the consolidated seniority list prepared for the Laboratory Assistant (Chemistry) and the Laboratory Assistant (Physics). As a result of the consolidated seniority list he was placed below Shri S.C. Ghosh, Shri S.S. Mariapan and Shri S.C. Gupta, non -petitioners No. 5 to 6, respectively. He has further challenged the promotion of non -petitioners No. 5 and 6 to the post of T.A. Grade II (Chemistry).
(2.) THE material facts, as averred by the petitioner, are that he was initially appointed as a Laboratory Assistant on 2 -1 -1960 by the Director of Geology Oil and Natural Gas Commission, Dehradun (hereinafter referred to as 'the O.N.G.C. '). Thereafter he was selected by the Department Pro motion Committee (hereinafter referred to as 'the D.P.C.') as a Laboratory Assistant (Chemistry) on 1 -3 -1967, which post he joined on 2, -7 -1967 H effecting promotion lo the post of Technical Assistant, Grade II (Chemistry a consolidated seniority of the Laboratory Assistant (Physics) and the Laboratory Assistant (Chemistry) was prepared, wherein the petitioner was placed at No. 7 below non -petitioners No. 5, 6 and 7. The non -petitioners No 5 and 6, namely Shri S.C. Ghosh and Shri S.S. Mariappan, were promoted to the post Technical Assistant, Grade II (Chemistry). According to the petitioner it is the date of selection, winch is material for the preparation of the consolidated seniority and not the date of joining. The petitioner alleged that the date of selection Shri S.C. Ghosh for the post of Laboratory Assistant (Physics) was 3 -5 -1967, whereas the date of selection of the petitioner and Shri S.C. Gupta was 1 -3 -1967 and the date of selection of Shri S.S. Mariappan for the post of Laboratory Assistant (Physics) was 28 -12 -66. As regards the date of joining, the petitioner stated that Shri S.S. Mariappan joind on 3 -7 -1967, Shri.S.C. Ghosh on 17 -7 -1967. Shri S.C. Gupta on 16 -8 -67 and the petitioner on 24 7 -1967. It may be stated here that the date of selection s well as the date of joining so far as Shri S.S. Marriappan is concerned both the dates are prior to the date of the petitioner. Shri S.C Ghosh thonoh was selected on 3 -5 -1967, but he joined a week earlier to the petitioner T regards Shri S.C. Gupta, he was selected on the same date on which the petitioner was selected, but the Petitioner has stated that he joined on 16 -8 -1967, much later to the date of joining of the petitioner. As regards Shri S.S. Mariappan, the petitioner's case is that the petitioner should have been placed above Shn S.S. Mariappan, being a promotee. Return to the writ petition has been filed by non petitioners No. 2, 3 and 4 Their case ,s that on 15 -7 -1976 there were two unreserved posts of the Technical Assistant (Chemistry) required to be filled in. Against two posts 6 unreserved candidates are required to be called for test/interview. The petitioner was junior to the six unreserved candidates, who were called for test interview. The post of Technical Assistant Grade II is a post to be filled in by 100% promotion on the basis of seniority -cum -fitness and various carders of employees are eligible for promotion to this post and, therefore the D.P.C. prepared a consolidated seniority list in accordance with the provisions contained in part B(b) of Annexure R/1 and Regulation 19. The consolidated seniority list was prepared and the petitioner found his place junior to be candidates called for interview/test. It was averred 1 at the combined seniority list of the Laboratory Assistants (Chemistry and Physics), who are within the zone of consideration, is prepared by the D.P.C. and that none junior to to the petitioner has so far been considerd for promotion. The post of the Technical Assistant (Physics/Chemistry) is decentralized and only the persons working the Northern Region renamed as Central Region are considered for promotion for this post. The consolidated seniority list is prepared on the basis of the total length of servixes rendered. However inter se seniority of the candidates in their respective list is not to be disturbed in the consolidated list. In the inter se seniority list of the Laboratory Assistant (Chemistry) Mr. S.C. Gupta, non -petitioner No. 7 ranked senior to the petitioner. Therefore, that inter se seniority had to be maintained in the consolidated seniority list. It was also averred that the post of Laboratory Assistant (Physics) is 100% direct recruitment post, while that of Laboratory Assistant (Chemistry) is 100% promotion. Therefore, the persons being direct recruit or being promotee has no bearing on the case of the petitioner for consideration for promotion to the post of the Technical Asistant Grade II (Chemistry), Acording to the R and P Regulations, the post of the Technical Assistant Grade II (Chemistry) is 100% promotion arid its feeding channel is Laboratory Assistant (Physics and Chemistry). Therefore, the persons working as Laboratory Assistants (Physics), are also eligible and entitled to be considered for the promotion to the post of Technical Assistant Grade Fl (Chemistry). Thus, it was stated that the length of service of Shri S.C. Ghosh, non -petitioner No. 5, and Shri S.S. Mariappan, non -petitioner No. 6, was more, as compared to the petitioner and as regards Shri S.C. Gupta, non -petitioner No. 7, he was ranked senior by the D.P.C. on 1.3.1967, while making promotion to the post of Laboratory Assistant, which seniority -could not be disturbed according to Annexure R/1 and Regulation 19. The inter se seniority in the respective list could not be disturbed despite the fact that the date of joining by Shri S.C. Gupta was later to the date of joining of the petitioner. It was also stated that as a matter of fact what was prepared was simply a panel, though named under the regulation as consolidated siniority list. The panel was prepared for the purpose of calling the candidates for interview for considering them for promotion.
(3.) REJOINDER lo the reply was also filed by the petitioner.;