LAWS(DLH)-2016-6-20

PRAKASH SINGH Vs. UNION OF INDIA

Decided On June 03, 2016
PRAKASH SINGH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Prakash Singh in this writ petition assails the order dated 11th September, 2015 passed by the Principal Bench of the Central Administrative Tribunal, New Delhi (Tribunal, for short), whereby OA No.2719/2014 stands dismissed on the ground of limitation.

(2.) The petitioner was appointed as a Senior Administrative Officer (SAO), Grade -II in the Department of Defence Research and Development, Ministry of Defence (DRDO for short) on 30th April, 2004. His seniority viz. promotee officers, was fixed with reference to his date of joining as SAO, Grade -II in the seniority list published by the DRDO on 1st June, 2004. The petitioner did not object to the seniority as fixed predicated on his date of joining. In 2007, those senior to the petitioner as per the seniority list dated 1st June 2004 were promoted to the post of SAO, Grade -I.

(3.) On 19th September, 2013, the petitioner made a representation for correction of his seniority and claimed consequential relief by way of promotion to SAO, Grade -I with effect from 1st January, 2007. He relied upon the decision of the Supreme Court in Union of India and Ors. Vs. N.R. Parmar & Others, (2012) 13 SCC 340. By letter dated 20th January, 2014 the petitioner was informed, inter alia, that the matter regarding re -fixation of seniority and consequent promotion had been referred to the Department of Personnel and Training for their advice, which was awaited. The petitioner thereupon filed OA No.570/2014, which was disposed of on 17th February, 2014 with a direction to the respondents to dispose of the petitioners representation dated 19th March, 2013, relying on the decision in the case of N.R. Parmar (supra), by a reasoned and speaking order.