R B PATIL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an application under Section 19 of the Administrative Tribunals Act, 1985 for direction to the respondents to count applicant's seniority from the date of his initial appointment, i.e. w.e.f. 22.1.1981 in the grade of LDC, accordingly, modify the seniority list as on 1.4.1994 and 1.2.1996 circulated vide letter dated 14.7.93 and 12.2.1996 respectively, promote the applicant to the post of Upper Division Clerk w.e.f. 12.2.1996 when his juniors, superseding him were promoted with all consequential benefits.

(2.) The applicant claims that he was appointed as Labourer in temporary capacity with the office of Director of Civil Supplies and Disposal w.e.f. 20.4.1977, was confirmed vide order dated 27.11.1979. On acquiring qualification of S.S.C. in the year 1978, being eligible to be promoted as Lower Division Clerk, the respondents conducted a departmental competitive examination in the year 1980, the applicant appeared in the said examination, competed with the nominees of Employment Exchange/open -market candidates and declared successful, was called for viva voce by D.P.C., selected and appointed as L.D.C. by an order bearing No. Part II No. 12 dated 22.1.1981 (Ex. A-1). The Recruitment Rules provide for 10% quota for Departmental promotees which has to be filled by holding competitive examination departmentally. Ex. A-1 is reproduced below for proper appreciation of the matter in issue:-

(3.) SMT. Khopkar, SMT. Salvi, Shri K.P. Vichare, M.V. Kirtikar and SMT. A.V. Gaonkar approached the Tribunal claiming benefit of their ad hoc service for the purpose of seniority which was dismissed with the following observation:-