UNION OF INDIA Vs. J P SHARMA

JUDGEMENT

(1.) The seniority of respondent No.1 vis-a-vis respondent No.2 is the subject matter of dispute in the present writ petition. In fact the respondent no.1 had filed OA No.2236/95 claiming his seniority above respondent No.2, Sh.Tej Pal (who was arrayed as respondent No.4 in the said OA) which has been allowed by the learned Tribunal. It may be mentioned that dispute arose after Sh.Tej Pal was promoTed to the post of Master Craftsman(MCM) on 23rd May, 1995. The respondent No.1 felt that he was ignored though he was senior. However, the stand of the official respondent was that it was Sh.Tej Pal who was senior to the respondent No.1 and Sh.Tej Pal was rightly promoted to the post of MCM and there was no question of ignoring the claim of the respondent No.1 or superseding him in the process. The respondent No.1 succeeded in the OA which was allowed by Judgment and order dated 2nd September, 1999 holding him as senior to Sh.Tej Pal.

(2.) This Judgment is impugned in the present writ petition by the Union of India. Sh.Tej Pal has not preferred any such petition.

(3.) It is not in dispute that the respondent No.1 Joined the services with the Northern Railway as Grade-D much before Sh.TeJ Pal inasmuch as his date of appointment in the said Grade is 15th February, 1978 whereas Sh.Tej Pal was appointed on 7th June, 1982. Next promotion was to the post of Electrical Fitter in Gr.III to which post the respondent no.1 was promoted on 19th April, 1982. Sh.TeJ Pal was promoted in Gr.III on 14th August, 1984. The respondent No.1 thereafter exercised his option to Electrical Compressor Driver Grade III and was taken in this Grade on 16th January, 1986. Thus, in Grade III also the respondent No.1 was promoted on 19th April, 1982 whereas Sh.Tej Pal. was promoted on 14th August, 1984.