UNION OF INDIA Vs. G K VAIDYANATHAN

JUDGEMENT

(1.) Leave granted in Special leave Petition (C) No. 3930 of 1988.

(2.) A common question arises in these two appeals. Civil Appeal No. 4340 of 1995 is preferred by the Union of India against the decision of the Central Administrative Tribunal (Madras Bench) in Original Application No. 731 of 1981 whereas Civil Appeal arising from Special leave Petition(C) No. 3930 of 1988 is preferred against an order of ste Central Administrative Tribunal (Bangalore Bench) in Original Application No. 380 of 1987 as well as the order dismissing a review application filed by the appellants. The dispute is between direct recruits and promotees and it relates to determination of seniority as between them in the post of Chargeman Grade-I in the Ministry of Defence, Department of Defence Production.

(3.) Recruitment to the post of Chargeman Grade I was both by promotion as well as by direct recruitment. Until 1979, the ratio between promotees and direct recruits was 2/3:1/3. From March 3,1979, it was changed to 80:20 and with effect from June 26, 1985 the channel of direct recruitment has been closed altogether; the only method of recruitment is promotion from the post of Chargeman Grade-II. When the recruitment was done through both the above methods, a rule of rotation was also in vogue. Inasmuch as we are concerned in these appeals only with the period during which the ratio of 80 ; 20 was in vogue, it is sufficient to notice that the rotation rule in vogue provided that out of every five vacancies, the first four vancacies shall be filled by promotees and the fifth vacancy by direct recruitment.