RAMPHAL, STORE PETTY OFFICER Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has challenged the order dated 22nd July, 2011 passed by the Armed Force Tribunal, Principal Bench, New Delhi in OA No.450/2010, titled as ,,Ramphal, Store Petty Officer v. Union of India & Ors., dismissing his application seeking the quashing of orders dated 12th June, 2009, 23rd September, 2009 and 29th January, 2010 and declining his prayer of declaring him to have passed out as Store Assistant-I (SA-I) instead of Store Assistant-II (SA- II) and allowing him to maintain his original seniority w.e.f. 19th May, 1988 when he had enrolled.

(2.) THE Tribunal had held that since the petitioner had claimed the seniority viz-a-viz other persons, who had not been impleaded before the Tribunal, it could not examine the averments of the petitioner seeking seniority above them. THE Tribunal had also declined to grant the petitioner seniority over the non-impleaded individuals, in view of the averments made by the respondents in their counter affidavit that the other individuals are direct entry MER Sailors while some of them had changed their branch later and were thus governed by NI 2/96. THE prayer of the petitioner that he be granted seniority from his original date of enrollment i.e. 19th May, 1988 was declined also on the ground that it suffers from delay and laches. It was held that the petitioner had made various attempts to revise the date of seniority however at no point of time had the petitioner sought the date of seniority w.e.f. 19th May, 1988. In the circumstances, it was concluded that no injustice had been caused to the petitioner by fixing his basic seniority as 24th December, 1990 and that he had not been brought down by posting him out as SA-II and also that he was not given seniority incorrectly and thus, the Tribunal declined to interfere with orders of the respondents.

(3.) THE petitioner again sought a change of branch on 20th August, 1990 which was countersigned by his Commanding Officer on 11th September, 1990. THEreafter, the petitioner was asked to attend the INS Hamla from 14th February, 1991 to 22nd June, 1991 for change of his trade to that of Store Keeper Assistant. As per Naval Instructions 2/S/1961 Para 20 (7) he was accorded eight weeks of antedated seniority.