DIP LAL SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners are whipping up a dead horse and are wanting their pre-absorption service to be counted towards their seniority with consequential benefits. Their cause is age-old and has been declared so even by the Supreme Court decades back but they still want to reopen it by catching at straws.

(2.) Petitioners were originally appointed as LDCs or in equivalent grades in the lower formations of the Army .between 1941-1948 and were latar absorbed in the Armed Forces Headquarters "AFHQ" from 1951-1958 after being declared surplus. When they had joined service, one Govt. Memo of 1949 provided for determination of seniority on the basis of length of service. But subsequently OMs dated 12-8-59 and 21-12-63 were issued providing for counting of their service in LDC grade from the date of their appointment in the "AFHQ" for purposes of their seniority. They filed CWP Nos. 192 & 941/72 against this which were dismissed by order dated 22-4-76 on grounds of delay and latches. While doing so the Court observed

(3.) Petitioners made representations on the strength of this which were considered and decision communicated to them on 1-2-1980. Petitioners filed CWP No. 5942/80 against this before the Supreme Court which was also dismissed by order dated 27-8-1987 observing that the matters in dispute were stale.