NIRMAL KANTA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE above captioned writ petitions, arise from order dated March 15, 2001 in Original Application No.2520/2000 (writ petition No.3049/2002) filed by Ms.M.Sitalakshmi (referred as respondent No.4) and order dated November 20, 2001 in Original Application No.1351/2001 (writ petition No.3050/2002) filed by petitioner involving issue of inter -se seniority, accordingly the two petitions are being disposed of by a common order.

(2.) THE petitioner has filed W.P.(C) No.3049/2002 impugning the order dated March 15, 2001 passed by the Central Administrative Tribunal in Original Application No.2520/2000 wherein respondent No. 4 got the benefit of ad -hoc promotion being treated as a regular one with effect from September 10, 1997 as Junior Stenographer. In W.P.(C) No.3050/2002 the petitioner impugns the order dated November 20, 2001 passed by the Tribunal in Original Application No.1351/2001 wherein she was denied a similar benefit as was given to respondent No.4 by the Tribunal which resulted in respondent No.4 gaining seniority over and above respondent No.4. The main relief prayed for by the petitioner in both the writ petitions is to grant her the benefit of regularization from June 25, 1996 id est from the date on which she was promoted to the post of Upper Division Clerk (UDC) on ad -hoc basis.

(3.) ACCORDING to the relevant Recruitment Rules in vogue, a LDC in the said department is eligible for promotion to the post of Junior Stenographer as well as to the post of UDC. The recruitment rules further provides that the post of UDC is a non -selection post which is to be filled by way of promotion from amongst the LDCs in the region with the minimum period of eight years service in the said grade after their regular appointment thereto and possessing the qualifications mentioned in Column 8 of the said relevant Rules. The post of Junior Stenographer is a selection post, to be filled by promotion failing which by direct recruitment. The promotion to the said post of Junior Stenographer is available only to those LDCs who have rendered their service for a minimum period of three years and who successfully qualifies in the Departmental Examination in short hand and typing.