USHA SACHDEVA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is aimed against the judgment and order dated 12th August, 1999 passed by the Central Administrative Tribunal, Principal Bench, New Delhi whereby the Original Application filed by the petitioner herein was dismissed. The petitioner has spelled out the issues which arise for consideration and a cursory glimpse thereof would indicate the nature of controversy involved in the present case. These issues as failed the petitioner are to the following effect:

(2.) The background facts which give rise to the aforesaid issues as raised by the petitioner may now be noted.

(3.) The petitioner was appointed as Puncher-cum-verifier on 1st November, 1977 and she was confirmed in post 23rd January, 1981 after she successfully completed the probationary period. The respondent No.3, on the other hand, was appointed to this post on 23rd November, 1978 and confirmed on 24th January, 1981. A provisional seniority list of Puncher-cum-Verifier was issued as on 1st April, 1991 vide Office Order dated 12th April, 1991. In this seniority list the name of the petitioner was at S.No.5 and that of the respondent No.3, a scheduled tribe Candidates, at S.No.8. After inviting the objections and disposing of the same, a final seniority list was circulated in the month of October, 1991 wherein the petitioner was again shown as senior to the respondent No.3. On the recommendations of the IV Pay Commission, the official respondents decided to restructure the post of Key Punch Operator which was later on known as Data Entry Operator (DEO). These DEOs were put in five grades, namely, grade A, B, C, D and E. One of the eligibility conditions was that the employee should be a graduate with the knowledge of data entry work or promotional grade for DEO grade A which was the entry grade at the lowest rung. Posts in Grades B, C, D and E etc. were to be filled up by promotions.