JUDGEMENT
RAMESH KUMAR MERATHIA, J. -
(1.) THE petitioner has challenged the order dated 12th March, 1997 passed by respondent No. 4 by which the petitioner's appeal was rejected. The petitioner has further prayed for a direction
on the respondents to determine and fix the inter se seniority of the petitioner in the Civilian Officer
Grade III (for short "C.O. Grade III") with retrospective date vis -a -vis that of Shri B.L. Mukherjee,
from 6th November, 1984.
(2.) ADMITTEDLY the petitioner was appointed in General Reserve Engineer Force on 17th December, 1976 as Supervisor Non -Technical Grade I. After completion of initial probationary period of two years, the petitioner has been confirmed in the post of Supervisor Non -Technical Grade I with
effect from 17th December, 1978 and then he was promoted in the grade of C.O. Grade HI with
effect from 8th November, 1989.
General Reserve Engineer Force (Non -Technical Officer) Recruitment (Amendment) Rules, 1984 (hereinafter to be referred to as "the Rules") came into effect on 14th June, 1984 which provides
for filling up the posts of C.O. Grade III by selection method 100 percent by promotion from
amongst Superintendent (Clerical) (Re -designated as Office Superintendent) Technical Grade I
which reads as under. -
(a) Office Superintendent : With 3 years regular service in the grade 33 1/3% (b) Supervisor Stores
Gde -I: With 6 years regular Service in the grade 33 1/3% (c) Supervisor (Non (sic) : With 10 years
regular Service Technical) Gde -I. in the grade 33 1/3%
(3.) THE petitioner's promotion became due for consideration in the grade of C.O. Grade III after rendering ten years of service on 17th December, 1986 but due to limited number of
vacancies, he was not given promotion by the Departmental Promotion Committee (for short "D.P.
C.") in its meeting held on 24th April, 1987. The next meeting of the D.P.C. was held on 13th
September, 1989 and on the recommendation of which, the petitioner was promoted as C.O.
Grade III by order dated 18th October, 1989.;
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