J S SANDHU Vs. UNION OF INDIA

JUDGEMENT

(1.) The short question involved in this petition is as to whether the seniority of the writ petitioners should be counted on the basis of the length of continuous service irrespective of the date of joining at Armed Forces Headquarters.

(2.) The petitioners who are seven in number had begun their career as LDC or in the equivalent grades in Lower Defence Formations in the Defence Ministry on different dates. They having been found surplus, allegedly were transferred to AFHQ in public interest between 16.4.02 and 27.4.64. In the Original Application, they claimed that their seniority should be reckoned from their respective dates or joining as LDC/equivalent in the Lower Defence Formation in the Defence Ministry. In other words, according to them the services rendered by them earlier between December 1957 and September 1960 should be treated as continuous for the said purpose.

(3.) It is not in dispute that the services of the petitioners were governed in terms of OM dated 21st December 1963, the relevant portion whereof is as under: