K M SEBASTIAN Vs. UNION OF INDIA

JUDGEMENT

(1.) There are two appeals before the Court, both directed against the judgment of Wad J., in Civil Writ No. 268/81 delivered on 17th April, 1984. One appeal is on behalf of Shri K.M. Sebastian Shri A.Mitra, Shri D.R. Julka and Shri Y.P.Kapoor, and the other appeal is by the Union of India. The concerned respondent in each case is Shri R. Srinivasan, who was the petitioner in the aforementioned Writ Petition. The grievance of the petitioner in the said Writ Petition can be shortly stated. He was a member of the Military Lands and Cantonments Service Class-I, later converted into the Defence Land and Contonments Service The promotion form this post was to the post of Deputy Director/Assistant Director in the Service. Formerly, this post was known as Assistant Director. In 1971, there were two vacancies to which Shri D.C. Choudhari and Shri Harpal Singh, were promoted. It appears that then there were three more vacancies, which resulted in the promotion of Shri Gamkhar, Shri Anantharaman and Shri Krishnaswamy. In 1972, there were five vacancies. The persons promoted were Shri Sethi, Shri Oberoi, Shri Bedi, Shri Kumaran, and Srinivasan. Shri Srinivasan, who was the petitioner in the Writ Petition, joined the post on 22nd August, 1973. In 1974, there were five vacancies ; the promotees were Shri K.M. Sebastian, A Mitra, Shri J.D. Julka, Shri Y.P. Kapoor, and Shri S.R.Lakshmanan. Of these, Shri K.M. Sebastian, Shri A. Mitra and Shri D.R. Julka were respondents 4 to 7 in the Writ Petition.

(2.) It appears that Shri K.K. Gupta had filed a Writ Petition being C.W. No. 102/69 relating to the promotions made in 1968. This was a case relating to the seniority of Shri K.K. Gupta in the Military Lands, and Cantonments Service. The dispute was regarding the seniority of direct recruits and promotess. This High Court allowed that petition and directed the re-fixation of Shri K.K. Gupta's seniority. A new seniority list was accordingly prepared.

(3.) In accordance with the new seniority list, the Department held a review D.P.C. for several years. As a result of the review D.P.C., Shri Srinivasan was selected in 1974, instead of in 1972. In the original D.P.C. of 1971, Shri Sebastian was not selected, but in the review D.P.C., Shri Sebastian was selected. In 1974, Shri Srinivasan. who had previously been selected in 1972 was selected alongwith respondents 5,6 and 7, i.e., Shri Mitra, Shri Julka and Shri Kapoor. As a result, Shri Srinivasan who was previously senior to Shri Sebastian, Shri Gupta, Shri Julka and Shri Kapoor, was placed below them.