P B NARANG Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS application is the second round of litigation by the applicant as he had earlier filed O.A.2345/1995 which has been disposed of along with another O.A. (O. A. 2387/95) by order dated 25.10.1999. By that order, the claim of the applicant who was applicant No. 2 in O.A. 2345/95 was allowed. In other words, the claim of the applicant that he should be allowed to regain his inter-se seniority vis-a-vis the reserved category employees as Goods Clerk and, therefore, he should have prior claim to the post of Goods Supervisor was allowed. Thereafter, the applicant had filed C.P. 158 of 2000 which was disposed of by Tribunal's order dated 2.1.2001. In that order, with regard to the claim of the applicant for arrears of pay, it was observed that he may have a fresh cause of action which he may pursue through proper original proceedings in accordance with law, if so advised.

(2.) Thereafter, this O.A. has been filed, in which the applicant has impugned the seniority list issued by the respondents dated 12.4.2001. He has prayed for a direction to the respondents to pay him arrears of pay for the post of Goods Supervisor during the period from 1.1.1996 to 9.10.1998 which has been denied to him by the letter dated 20.11.2000 and also to pay interest on the same. He has also sought a further direction to the respondents to promote him to the post of Chief Goods Supervisor (CGS) with reference to the date of promotion of his immediate junior, as according to him, he had already qualified in the selection test for the post of CGS.

(3.) NOTING the above facts and circumstances, as there were no clear reasons spelt out by the respondents either in their reply to this O.A. or in the aforesaid letter of 12.4.2001, to depress the applicant's seniority from Serial No. 1 to 17 which had earlier been done in pursuance of Tribunal's order in O.A.2545/95, we had directed the respondents to file an additional affidavit to clear the same. In spite of a number of opportunities being granted to them, this has not been done. We have also seen the letter dated 21.6.2000 issued by the General Manager (P) on behalf of the respondents regarding implementation of the Hon'ble Supreme Court judgment dated 16.9.1999 in Ajit Singh and Ors. v. State of Punjab and Ors. (Civil Appeal No. 3792-3794/89 and LA.) which has been referred to in the aforesaid letter dated 12.4.2001. It is relevant to note that the preliminary objection taken by the learned Counsel for the respondents that the applicant has not cared to make a representation against the impugned revised seniority list dated 12.4.2001 has been rejected, having regard to the facts and circumstances of the case, as also mentioned in our previous order dated 14.11.2002.