B D VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) We have heard the learned counsel for the parties.

(3.) The appellant, B. D. Verma, was appointed on the post of Junior computer in the Ministry of Irrigation and Power of the government of india in 1959 and was confirmed on the said post on 7/4/1966. He was promoted to the post of Senior Computer on 20/7/1962 and was confirmed on the said post with effect from 17/9/1974. He was promoted as Research assistant (Statistics) on ad hoc basis on 1/9/1974. He continued to work as research Assistant on ad hoc basis till 5/1/1985 when he was regularly promoted on the said post of Research Assistant on the basis of the recommendation of the Departmental Promotion Committee which met in 1984. Bhansilal Bapurao Khandekar and Rasheed Ahmad Mia were appointed by direct recruitment as Research Assistants by orders dated 9-12-1985 and 17/12/1985 respectively. On 17/1/1986, a seniority list of officers borne on the cadre of Statistical Assistants/professional Assistants (Statistics) /research Assistants (Statistics) in the central Water commission, as on 1/1/1986, was issued wherein the appellant was placed at serial No. 22 while Bhansilal Bapurao Khandekar and Rasheed Ahmad Mia were placed at Serial Nos. 19 and 21 respectively. The appellant submitted representations with regard to the fixing of his seniority and claimed that the period of ad hoc service rendered by him on the post of Research Assistant must be counted for the purpose of seniority. He also submitted that the condition of probation for a period of two years should not be applied to him. The said representations of the appellant were, however, rejected by order dated 7/7/1988. On 3/2/1989, the appellant filed an application (OA no. 437 of 1989 before the central Administrative tribunal, Principal bench, Delhi (hereinafter referred to as "the tribunal") wherein he assailed the order dated 7/7/1988.