D P DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been preferred from the final judgment and order passed by the High Court of Madhya Pradesh at Jabalpur in Writ Petition No. 5238 of 2000 dated 30th June, 2003.

(2.) The facts and circumstances giving rise to this appeal are that in the year 1983, the first batch of the Specialist Medical Officer (SMO) in the Ordnance Factories Organization was recruited in the category of Obstetrics, Gynecology, Medicine and Surgery. The Appellant was one of the five recruited persons and he belonged to the category of Surgery.

(3.) In the year 1991, on the recommendation of the Fourth Pay Commission, one post in the Indian Ordnance Factories Health Services (Group A, grade of Rs. 5900-6700) was sanctioned for filling up amongst the SMOs cadre. The specialists cadre was in different disciplines and hence, there was necessity of preparing a combined gradation list in the SMOs cadre. The Respondent No. 1 referred the matter to the UPSC for preparation of the common seniority list. Further, the SMOs were recommended by the UPSC by three different lists, two of which were made on the same date and therefore the UPSC was requested to furnish the relative order of seniority of those SMOs who are recommended on the same date.