I K SUKHIJA Vs. UNION OF INDIA

JUDGEMENT

(1.) The point involved in these 4 appeals being the same they were heard together and are disposed of by this common judgment.

(2.) The appellants (in all eleven) started their career as Junior Engineers in the Central Public Works Department. On formation of P and T (Civil Wing) on 1-7-1963, the construction and maintenance work of P and T buildings was taken over from C.P.W.D. The services of the Junior Engineers (Elect.) of C.P.W.D. who were earlier looking after the buildings of P and T were transferred to the P and T) (Civil Wing). Initially, they were treated on deputation without any deputation allowance but in 1969 they were absorbed in the P and T Department and were also designated as Section Officers. They were promoted as Assistant Engineers (Elect.), on ad hoc basis between 1970 to 1977. All of them were appointed as A.Es. (E) on regular basis with effect from 20-3-1978. At that time it was directed that their names shall be arranged in order of their seniority in the grade of Assistant Engineers. Their seniority vis-a-vis direct recruits was to be fixed subsequently.

(3.) A provisional seniority list of Assistant Engineers was prepared in 1986 and finalised in 1987. It was challenged before the Bombay Bench of the Central Administrative Tribunal in O.A. No. 373 of 1987. The Tribunal quashed it in so far as it determined seniority between direct recruits and promotee Assistant Engineers. The Department was directed to prepare a fresh seniority list in accordance with O.M. dated 22-12-1959 of the Ministry of Home Affairs and the observations made in its judgment. Accordingly a revised seniority list was prepared and notified on 22-5-1992. The new seniority list was prepared by following the principle of quota and rota prescribed by the said O.M. dated 22-12-1959 as the Tribunal had held that quota rota system had not broken down. In the new seniority list the date of regular appointment of the appellants was shown as 20-3-1978.