UNION OF INDIA Vs. D K VIJH

JUDGEMENT

(1.) HEARD learned counsel for the appellant. Despite notice, none appears on behalf of the respondent. However, in view of a recent decision of this Court rendered in nirmal Chandra Sinha Vs. Union of India and Ors. , 2008 (4) Scale 839, we propose to dispose of this appeal on merits.

(2.) THIS appeal is directed against the judgment of the High Court. The respondent was appointed as Section Officer on 4/7/1962. Thereafter, he was promoted to the post of Assistant Engineer sometimes in February 1972. On 27/8/1978, he was promoted to the post of Executive Engineer (C) on adhoc basis. The regular selection committee met on 11/4/1997 and recommended for regularisation of the respondent alongwith others w. e. f. 20/3/1997. The seniority list of Executive Engineers was published where it had been shown that the seniority of the respondent is reckoned w. e. f. 20/3/1997. Aggrieved thereby, the respondent filed O. A. before the Central administrative Tribunal. The CAT allowed the application. The High Court confirmed the finding. Hence, the present appeal by special leave.

(3.) IN view of our order passed in C. A. No. 7352 of 2002, this appeal is allowed. The orders of the tribunal and of the High Court are set aside. Original Application filed by the respondent stands dismissed.