C H SREENIVASAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner who is an employee in the Department of Electronics Radar Development Establishment (LRDE for Short) has presented this writ petition praying for the issue of Writ of Mandamus directing the respondents 1 and 2 to count the service rendered by the petitioner in the Army for purposes of fixing his seniority in the cadre of Welder on the establishment of the LRDE.

(2.) The facts of the ease in brief are as follows :

(3.) The petitioners claim for seniority is based on the Departmental Circular dt. 4th Dec. 1959. copy of which is produced as (Ex. D. 1) at page 29. It reads : GOVERNMENT OF INDIA. MINISTRY OF DEFENCE MEMORANDUM No. 13034 D (APPTS) DATED 4 DEC. 1959. SENIORITY : In application of the provisions of AI 241/50 and corresponding orders on the Air force and Navy sides, it has been decided in consultation with the Ministry of Home Affairs that in determining seniority of Govt. Servants on appointment in civil posts, benefit of all previous service rendered in the same or equivalent post (including service rendered in combatant capacity) should be given and for this purpose the posts should be treated as equivalent if the nature and duties attached to them are similar, irrespective of the rates of pay drawn in the previous posts. Sd/- Brig RAJ BAHADUR Under Secy., to the Govt.of India. The above circular clearly supports the case of the petitioner.