K P DUBEY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was offered an appointment to the post of Section Officer (Horticulture) in the Central Public Works Department (CPWD) on the basis of selection in open competition through direct recruitment. By communication dated 18th July, 1983, he was asked to report for duty to the Deputy Director of Horticulture, West Division, CPWD, New Delhi by the forenoon of 1st August, 1983 and if he failed to report for duty latest by 10th August, 1983, the offer of appointment would stand cancelled.

(2.) As the petitioner was away from Delhi and the communication did not reach him, he submitted an application on 19th August, 1983 requesting the Director of Horticulture to grant him extension of time for joining the duty which was granted allowing him to join the duty by 23rd August, 1983 vide letter dated 20th August, 1983 enclosed as Annexure P-2. Thereafter, the petitioner joined the duty on 20th August, 1983.

(3.) In September, 1992, the petitioner came to know that the second respondent had taken a decision to prepare a seniority list on the basis of date of joining and, accordingly, he sent a representation on 29th September, 1992 stating, inter alia, that the determination of seniority in the grade of Sectional Officer (Horticulture) on the basis of date of joining of an individual is contrary to the instructions contained in the office memorandum of the Ministry of Home Affairs dated 22nd December, 1959, which enumerates the principles for determination of seniority. On the basis of the said representation, a memorandum dated 14th January, 1993 was served on him seeking certain clarification and as set forth, the petitioner had sent his clarification on 17th March, 1993 as per Annexure P-6. Be it noted, a clarification that was sought from the petitioner was that he was not supplied a copy of the merit list.