DWARKA NATH SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Special leave granted.

(2.) Appellant was recruited as an Assistant Executive Engineer in the Military Engineering Service upon his selection by the Union Public Service Commission through the combined Central Engineering Service Examination of 1960 and he joined as an Assistant Executive Engineer on. 24-4-1962. A provisional seniority list was prepared in August, 1963 as claimed by him and the appellant represented that his previous service under the Central Government in consideration of which he had been given three increments at the time of joining should have been taken into account. In January, 1967, the seniority list was pulished where, as the appellant pleaded, he was shown at the 483rd position. He represented against the lower placement and asked for placing him at the appropriate place. The Departmental Promotion Committee did not consider him for promotion on the basis of his lower placement in the seniority list and he was not promoted. Appellant, therefore, filed a suit for redressal of his grievance of lower placement and for consequential reliefs. The suit was dismissed. Appellant's appeal before the District Judge was also dismissed and thereupon the appellant went before the High Court in second appeal but that too was dismissed. It is against the judgment of the High Court affirming those, of the Courts below that this appeal has been brought before this Court.

(3.) Before we go into the merits of the matter we must indicate that the case has not been appropriately placed in the Courts below and relevant material has not even been made a part of the present record.