D.N.BHARGAVA Vs. UOI

JUDGEMENT

(1.) THE petitioner impugns order dated December 22, 2000 passed by the Central Administrative Tribunal, Principal Bench in Original Application No.96/1998 whereby the Original Application was dismissed. The question which falls for our consideration is whether Rule 6(1) of the Released Emergency Commissioned Officers and Short Commissioned Officers (Engineering and Medical) service reservation of vacancies (2) Rules, 1971 (hereinafter referred to as "the Rules") is arbitrary and discriminatory and the petitioner is entitled to count the service rendered in the GREF, under BRO, for the purpose of seniority in Central Engineering Service (CPWD). The facts necessary for deciding the aforesaid issue are that pursuant to obtaining a Degree in Civil Engineering the petitioner joined the Indian Army as an Emergency Commissioned Officer on April 29, 1963.

(2.) THE petitioner remained as an Emergency Commissioned Officer till October 13, 1963 which was subsequently converted into Short Service Commissioned Officer with effect from the said date.

(3.) ON December 06, 1970 the petitioner was released from the Army after completing the service as Commissioned Officer. On December 07, 1970 the petitioner joined General Reserve Engineering Force (hereinafter referred as ,,GREF) in the Border Road Organization on the post of Executive Engineer.