UNION OF INDIA Vs. GUNWANT SINGH

JUDGEMENT

(1.) This writ petition is directed against the order dated 11.01.2004 in OA No. 1459/2011, passed by the Central Administrative Tribunal, New Delhi. The plea before the Tribunal which had been raised by the respondent was with regard to his non consideration for the post of Assistant Executive Engineer which was a Group "A? post having a pre-revised scale of Rs 8000-11,500/-. The question was with regard to qualifications which the respondent possessed as a Foreman to be considered for promotion to the post of Assistant Executive Engineer. Before the Tribunal the parties have concentrated their arguments with regard to the interpretation to place Note 3 of the relevant Recruitment Rules. The Recruitment Rules essentially provided that when juniors were considered to be eligible and qualified for consideration for promotion, person senior to such junior would have relaxed eligibility conditions. The said Note 3 reads as under:-

(2.) Now, the learned counsel for the petitioner submits that while he is not disputing the interpretation placed by the Tribunal in so far as the said Note 3 is concerned, he is contesting the fact that the seniority itself is in doubt.

(3.) Unfortunately from the Original Application and the counter-affidavit filed before the Tribunal, this submission does not find any support. The respondent had taken the specific pleas with regard to the seniority position in paragraphs 3.9 and 3.10 of said Original Application. The same reads as under:-