UNION OF INDIA Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) THE petitioner, Union of India, through the Secretary, Ministry of Urban Development, has challenged the order dated 21st August, 2009 in O.A.No.754 of 2008, titled as 'Sh.Rajendra Kumar v. Union of India and Ors.' Passed by the Central Administrative Tribunal, Principal Bench, New Delhi directing the petitioners to reconsider the claim of the respondent as Executive Engineer on ad hoc basis from the date others have been promoted by deeming the service of the respondent as regular service as per statutory rule.

(2.) THE respondent had sought promotion on ad hoc basis as Executive Engineer (Civil) on the ground that the petitioners had granted notional seniority to him and had fixed his pay under FR 22 (1)(a) by letter dated 24th October, 2007 on respondent completing 8 years of regular service. THE plea of the respondent was that he should be given notional seniority from the date the vacancy arose with all the consequential benefits. THE plea of the respondent was that though he was promoted in the year 2002, but his promotion should be deemed on notional basis from the date he had been found eligible on acquiring eligibility and passing of the LDCE.

(3.) THE petitioners had filed a writ petition bearing W.P.(C) No.1188/2005 in Delhi High Court against the order dated 13th May, 2004 passed in OA No.2710/2003 and another writ petition being W.P.(C) No.19316/2005 against the order dated 29th July, 2004 passed in OA No.1260/CH/2003 in the Punjab and Haryana High Court.