P K D NAG Vs. UNION OF INDIA

JUDGEMENT

(1.) In this Writ Petition the petitioner has raised a dispute of his seniority qua the respondents 2 and 3 and he alleges that while fixing the seniority of the petitioner vis-a-vis the respondents 2 and 3 the respondent no.1/Department has ignored the mandate of Rules 114 and 115 of the Research and Analysis wing, ROS Rules 1975. He had filed Original Application No.1953/99 before the Central Administrative Tribunal, Principal Bench, New Delhi for redressal of his grievance. However, the learned Tribunal has dismissed his Original Application vide judgment dated 13th February, 2001. He alleges that the learned Tribunal has given wrong interpretation to the aforesaid Rules while dismissing his Original Application.

(2.) Before we state the issue in some detail and embark to decide the same, it would be appropriate to take stock of the relevant facts. The facts of this case being crucial, the entire decision and the interpretation of the aforesaid Rules depends on the same.

(3.) Initially the Research and Analysis wing Chereinafter referred to as RAW, for short) was a part of Cabinet Secretariat. The petitioner joined the Cabinet Secretariat (RAW) as a Stenographer Grade-II on 23rd December, 1968. Thereafter on 26th March, 1969 he was appointed in the same Department as Stenographer Grade-II through direct recruitment, against a temporary post. The petitioner was declared quasi- permanent from 26th March, 1972 on completion of three years service. The respondent no.2 Joined All India Radio as Stenographer Grade-II on 1st February, 1971 and the respondent no.3 got appointment as Stenographer Grade-II in Karnataka Police on 30th March, 1972. The respondent no.2 however came to the Cabinet Secretariat (RAW) on 19th July, 1972 as Stenographer Grade-II. Likewise the respondent no.3 also joined this Department on deputation as Stenographer Grade-II w.e.f. 1st September, 1972.