RAM BHOG SINGH Vs. RAJIV SINHA

JUDGEMENT

(1.) THE present Writ Petition has been preferred by the petitioner under Article 226 of the Constitution of India to assail the order dated 22.04.2014 of the Central Administrative Tribunal, Principal Bench, Delhi (CAT/ Tribunal) allowing OA No. 1958/2011, and quashing the impugned Roster Register of STS as well as directing the official respondents to comply with the conditions prescribed in M.Nagraj and Ors. Vs. Union of India, 2006 8 SCC 212, not to grant reservations to SC/ST candidates on the basis of the Roster Register prepared on the basis of reservation for the said classes, and; declaring that the first respondent/ Applicant is senior to petitioner in the seniority list of STS officers corrected upto 10.06.2010.

(2.) THE petitioner, belonging to the reserved category, and the first respondent, (an unreserved candidate) were selected in the Engineering Services Examination conducted by Union Public Service Commission (UPSC) in 1990. The applicant joined in the grade of Junior Time Scale (JTS) of Indian Broadcasting (Engineers) Service [IB(E)S] in the pay scale of Rs. 2200 -75 -4000 on 14.07.1992. The petitioner joined in the grade of JTS of IB(E)S in the same pay scale on 29.07.1992. On 08.08.1997, the petitioner was promoted to the Senior Time Scale (STS) Grade in the pay scale of Rs. 10,000 -325 -15,200 against a vacancy arising in the reserved post. Thereafter, on 30.10.1998, the Applicant was promoted to the STS Grade in the aforesaid pay scale. Subsequently, on 01.06.2004, the petitioner was promoted to the Non -Functional Pay Scale (NFPS) Grade in the pay scale of Rs. 12,000 -375 -16,500, whereas the first respondent was promoted to the NFPS Grade with pay of Rs. 7,600/ - on 25.06.2006, as per the Central Pay Commission report.

(3.) THE third Respondent -the Director General, AIR Station (hereafter "DG") issued the seniority list for JTS of IB(E)S on 20.12.2007, wherein the petitioner was placed at S. No. 1081, whereas the Applicant was placed at S. No.1025. It issued the final seniority list of the STS of IB(E)S upto 10.06.2010, wherein the petitioner was placed at S. No. 79 whereas the applicant was at S. No. 118. The DG also issued a letter dated 22.07.2010, directing all Heads to revise the seniority list of all the cadres in accordance with the DoP&T O.M. dated 21.01.2002, within a period of 3 months.