UNION OF INDIA Vs. SUKH NANDAN PRASAD PANDE

JUDGEMENT

(1.) The controversy raised in this case is squarely covered by a decision of this Court in U. O. I, v. Virpal Singh Chauhan as the rule in this case too is that a general candidate is promoted subsequent to the promotion of a scheduled caste candidate, he would regain his basic seniority at the promotional stage.

(2.) The decision of this Court in Jagdish lal v. State of Haryana, in which Vir Pal Singh chauhan's case (supra) was considered is not applicable as that case was decided on the basis of the Rule of Seniority (Rule 11) which specifically provided that seniority at the promotional stage shall be determined on the basis of continuous length of service.

(3.) In view of the above, the judgment passed by the Tribunal cannot be sustained and is set aside. We are informed that respondent No. 1 who has filed the petition before the Tribunal has since attained the age of superannuation and has retired. We would normally have remanded the case back to the tribunal for a fresh decision but having regard to the fact that respondent No. 1 has since retired , we do not think that any purpose would be served in taking up that exercise. In view of the above, the judgment of the Tribunal is set aside. The appeal shall stand disposed of in the manner indicated as above.