UNION OF INDIA BY SECRETARY, DEPARTMENT OF POSTS, CHIEF POST MASTER AND SENIOR SUPERINTENDENT OF RMS BANGALORE STD. DN. Vs. SRI N. MANJANNA

JUDGEMENT

(1.) THE order of the Central Administrative Tribunal, Bangalore City in O.A. No. 139/2010, dated 11.10 2011, is called in question in this writ petition. The records reveal that the respondent herein was appointed as Mazdoor on 23.5.1983. He was conferred with casual temporary status on 1.1.1993. Subsequently, he was treated on par with Group -D employees w.e.f. 2.2.1996 and has been placed at Sl. No. 20 in the seniority list. The persons at Sl. Nos. 1 to 19 in the said seniority list, were conferred with temporary status and treated on par with Group -D employees earlier than the respondent herein and therefore the respondent has grievance to the effect that he should be treated as senior to persons at Sl. Nos. 1 to 19 in the seniority list inasmuch as he was appointed as mazdoor earlier than others. With that grievance, the respondent approached Central Administrative Tribunal in O.A. No. 139/2010, which came to be allowed by the impugned order.

(2.) THE Tribunal while deciding the matter has taken into consideration the date on which the respondent was appointed as Mazdoor; on comparing with the dates of appointment of various employees who are placed above respondent in the seniority list, the Tribunal having found that the respondent was appointed as Mazdoor much earlier to the persons who are placed above him, concluded that the respondent should be treated as senior and consequences should follow.

(3.) PER contra, Sri Sheik Mourthuja, learned counsel appearing for the respondent argued in support of the order passed by the Tribunal by contending that the Tribunal is justified in coming to the conclusion that the respondent should be accorded due seniority based on the date on which he was appointed as Mazdoor.