RADHA KRISHNA GAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) . The petitioners have filed this writ petition being aggrieved by and dissatisfied with the judgment and order dated 12/01/1999 passed by the Central Administrative Tribunal, New Delhi in OA No. 928/95 whereby and whereunder Original Applications filed by them questioning their placement in the seniority list were dismissed.

(2.) . The petitioners were appointed as Lower Division Clerks in Armed Forces Headquarters (AFHQ) prior to 1968. They were later inducted in the AFHQ (Clerical Service) on 1/03/1968 upon coming into force of AFHQ (Clerical Service) Rules 1968. Seniority of LDCs in terms of the said Rules were to be arranged in order of their respective dates of confirmation and not on the basis of their continuous officiation. AFHQ Stenographers Service, as per AFHQ Stenographer Rules came into being w.e.f. 22/12/1970 in terms whereof a separate cadre for stenographers was created and those LDCs with special pay of Rs.20.00 on their willingness to join the new cadre were to be curved out from the LDCs wherefor they were to be designated as Stenographer Grade D. The AFHQ Stenographer Service came into vogue on or about 1/08/1972. The petitioners joined the same. Rule 9A(1)(a) and Rule 18(4)(2), interpretations whereof fall for consideration in this writ petition, read thus:

(3.) . A seniority list was published on 22/10/1973 wherein seniority was shown in the order of the dates of joining the post of LDCs purported to be on the basis of the executive instructions which had been issued at the time of entry into service prior to framing of the Rules. On or about 27th February 1979, the respondents rescheduled the seniority list of the LDCs including that of the petitioners where at the relevant point of time they were working as Steno Typists, in the order of date of confirmation purported to be in terms of AFHQ Clerical Service.