LAWS(DLH)-2012-10-36

P P RELAN Vs. UOI

Decided On October 05, 2012
P P RELAN Appellant
V/S
UOI Respondents

JUDGEMENT

(1.) The petitioner Shri P.P.Relan joined Department of Telecommunication as L.D.C. on 20 th March, 1967. He was promoted as U.D.C. on ad-hoc basis with effect from 1 st March, 1980 and on regular basis with effect from 7 th April, 1980. On 14 th October, 1985, he was appointed as Assistant, on the recommendations of D.P.C. held in September-October, 1985, on ad-hoc basis. The grievance of the petitioner is that his name which ought to have been included in the 1980 seniority list of UDCs was shown at Serial No.5 in the 1983 seniority list of UDCs. In the Select List of Assistants circulated on 1 st October, 1997, he was shown as a selectee of 1991 at Serial No.7. Vide subsequent order, his name was shown at Serial No.95 as a selectee of 1991. The case of the petitioner is that when he was promoted as Assistant with effect from 14 th October, 1985, his name should have been included in the Select List of 1989. He also stated by including his name in the Select List of 1989, he should have been assigned seniority along with direct recruits of 1989 and his name should appear above Shri A.K. Chadha whose name appeared at serial No. 44 and below Shri Jasbir Singh whose name appeared at serial No. 43.

(2.) The petitioner accordingly filed OA No. 1402/1999 seeking the following directions to the respondents:

(3.) Vide order dated 06.04.2000, while dealing with preliminary objection taken by the respondent as to limitation, the Tribunal, inter alia, observed that the petitioner can make any grievance as to fixation of seniority in the cadre of UDCs, the same having been finalized in 1980, could not be re-agitated in 1989 and 1991. The OA was, therefore, admitted only with respect to re-fixation of senior of Assistants.