NARESH KUMAR Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India has been filed seeking a writ of mandamus, directing the Respondents to notionally re-fix Petitioner's seniority by treating him appointed with effect from the date his batch mates were appointed. The Petitioner also seeks consequential benefits that would accrue on account of notional re-fixation of seniority, especially the benefit of the "old pension scheme".

(2.) By way of a common order we have decided W.P. (C) 6275/2016 and W.P. (C) 6312/2016. The factual background of the above noted cases is quite similar to the present petition. However, since the Respondents have raised additional grounds opposing this petition, we are passing a separate order. Factual Background

(3.) Staff Selection Commission (SSC) issued an advertisement for selection of Assistant Commandant (Direct Entry) in Central Para Military Organization by way of the SSB CPOs Examination 2001. The Petitioner applied for the said post and was declared qualified and allocated to BSF for appointment to the post of Assistant Commandant.