LAWS(DLH)-2014-9-219

DALBIR SINGH Vs. GOVT. OF NCT OF DELHI

Decided On September 30, 2014
DALBIR SINGH Appellant
V/S
GOVT. OF NCT OF DELHI Respondents

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution of India, the legality of the order of the Central Administrative Tribunal (CAT), Principal Branch at New Delhi, dated 4.1.2001, in O.A. No. 1276/97, is challenged. The CAT dismissed the petitioner's application.

(2.) THE brief facts are that in 1990, the petitioner was appointed to the post of Senior Demonstrator in the Respondent's service, on ad hoc basis. This post was created in 1986, and in the absence of specific Recruitment rules for it, was filed up according to the rules meant for the recruitment of the Senior Technical Assistant. This was done through a gazette notification, which clubbed the post of Senior Demonstrator with the post of Senior Technical Assistant, Farm Manager and Assistant Horticulturalist. The petitioner was confirmed in this position in 1994, when rules were finally framed for the post of Senior Demonstrator.

(3.) AGGRIEVED , the petitioner approached the CAT, Principal Bench (O.A. No. 1972/96), challenging the said seniority list, arguing that his seniority should be reckoned from his date of joining (1990), and not date of confirmation (1994). Soon afterwards, the petitioner also filed an application, M.A. No. 2429/96 in O.A. No. 1972/96 for the staying of any promotion from the combined seniority list, to the posts of Seed Analyst and Agronomist. The CAT passed an order, making the said promotions conditional upon the outcome of O.A. No. 1972/96.