MARU SINGH Vs. D T C

JUDGEMENT

(1.) - This petition under Article 226 of the Constitution of India which has come up for final hearing after issuance of 'Rule' has been filed by two individuals. The petitioners joined the respondent Delhi Transport Corporation as conductors in the year 1962. Respondent Nos. 3 to 9 who are private respondents also joined the respondent Corporation in the same post in the year 1967 and thereafter. The petitioners were promoted to the post of Assistant Traffic Inspector in December, 1979 whereas respondent Nos. 3 to 9 were promoted to the said post in the year 1982. Next promotion post was that of Traffic Inspector. Respondent Nos. 3 to 9 came to be promoted as Traffic Inspector on 18/2/1987 whereas the Petitioners were promoted as Traffic Inspectors on 5/2/1992.

(2.) The Ministry of Personnel, Public Grievances and Pension (Department of Personnel and Training), Government of India issued an Office Memorandum bearing No. 20011/1/96-Estt. (D) dated 30.1.1997 which was circulated to the respondent Corporation for information, guidance and strict compliance vide a communication dated 23/4/1997 (Annexure P1). This Office Memorandum dated 30/1/1997 was issued in consequence of the decision of the Hon'ble Supreme Court dated 10/10/1995 in the case of Union of India v. Virpal Singh Chauhan, etc., JT 1995 (7) SC 231.

(3.) It appears that prior to the said judgment being rendered, the seniority of all the promotees in the promoted post was fixed on the basis of their respective dates of promotion. However, the Hon'ble Supreme Court in the said decision held as follows: