OM PRAKASH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Articles 226 & 227 of the Constitution of India challenges the judgement dated 16.9.1998 passed by the Central Administrative Tribunal (for short ,CAT), and by which judgement, the CAT dismissed the Original Applications (OAs) which were preferred by the present petitioners challenging the seniority list prepared pursuant to impugned order dated 30.11.1995 by respondent No.3 (Director of Respondent No.2) in the OA and also respondent No.2 herein.

(2.) The facts of the case are that the petitioners were appointed as Senior Translators on the basis of a written examination held on all India basis followed by an interview and medical examination. The appointment of the petitioners were, however, called as ad hoc appointments. Since there was threat of termination of services of the petitioners, OAs were preferred before CAT, being OA Nos.1917/1988 and 2240/1988, in which a direction was sought to restrain respondents 1 & 2 herein from terminating the services and a further direction was sought for regularization of their services w.e.f. the date of their initial appointment. These OAs were allowed by the CAT vide its order dated 4.3.1994. The operative portion of the order dated 4.3.1994 reads as under:

(3.) In implementation of the said order dated 4/3/1994, a fresh provisional seniority list was drawn up. The private respondents being aggrieved by the drawing up of such provisional seniority list in which the present petitioners were placed higher than the private respondents herein, a petition came to be filed before CAT being OA No.1448/1995. The apprehension expressed by the private respondents herein in this OA was that in view of the provisional seniority list some of these private respondents who were holding higher post of Translation Officer on ad hoc basis would be reverted on the basis of the provisional seniority list prepared pursuant to the order dated 4/3/1994. The Union of India in the said OA No.1448/1995 took up a categorical stand that the provisional seniority list had been prepared only pursuant to the directions given by CAT in its judgement dated 4/3/1994. This OA No.1448/1995 was disposed of by CAT vide its judgement dated 31/10/1995 by observing that the Union of India should consider the representation of the private respondents herein (applicants in the said OA) after duly considering all aspects including the representations as also the earlier judgements.