SANJEEV KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has sought setting aside of the order dated 24th October, 2011 holding that the petitioner was found unfit in the detailed medical examination held in June, 1998 during recruitment to H.C/C.M examination in 1998 and was found fit only in the subsequent medical examination in September, 1998 and, therefore, he was issued appointment letter in the year 1999 instead of 1998 that is by order dated 3rd February, 1999 and no person junior to the petitioner has been promoted to the post of SI (CM) and thus rejecting his representation that he is entitled for seniority from 1998, though an earlier representation in this respect had been rejected in September, 2008. THE petitioner has sought that his seniority be ante dated and his appointment be treated along with others who were appointed in 1998.

(2.) THIS is not denied by the petitioner that the petitioner was appointed pursuant to order dated 10th March, 1999 to the post of Head Constable (CM) with effect from 9th March, 1999 in the pay scale of Rs.3200-85-4900/-.

(3.) THE petitioner had been making representation and pursuant to his representation and the internal office comment dated 4th August, 2008, it was decided on 1st September, 2008 that since the petitioner was recruited in the year 1999, therefore, the petitioner is not entitled for the seniority from 1998. While declining the request of the petitioner to give him seniority from 1998, it was also held that explanation be called from the petitioner as to why he did not raise this issue at the relevant time as the seniority is being issued in each year. THE relevant order dated 1st September, 2008 is as under:-