T.SIDHARDHA REDDY Vs. RAJIVE KUMAR GUPTA

JUDGEMENT

(1.) These original petitions have been filed challenging the order of the Central Administrative Tribunal, Ernakulam Bench in OA No. 180/00310/2018 dated 05.07.2019. O.P (CAT) No.212/2019 has been filed by the respondent numbers 6 to 8 and 10 to 12 in that original application and O.P (CAT) No.218/2019 has been filed by the Union of India and its officers challenging the very same order.

(2.) The petitioners in O.P (CAT) No.212/2019 and the 1st respondent entered service as Assistant Executive Engineers in the Military Engineering Service. The 1 st respondent was senior to the petitioners in the cadre of Assistant Executive Engineers. The petitioners were however promoted as Executive Engineers earlier than the 1 st respondent as they were found entitled to the posts reserved for members of the Scheduled Castes/Scheduled Tribes (SC/ST) in the cadre of Executive Engineers. The 1st respondent, as well as the petitioners, were further promoted as Superintending Engineers which is the feeder category for the post of Chief Engineer. The 1 st respondent claimed that he was entitled to the restoration of his seniority on the application of the rules of 'regain' and 'catch up' evolved in Union of India vs Virpal Singh Chauhan ; (1995) 6 SCC 684 and consequently for promotion/consideration for promotion as Chief Engineer over and above the petitioners. The Tribunal found merit in the claim put forth by the 1st respondent and directed that the seniority list of Superintending Engineers be re-cast by restoring the seniority of the 1 st respondent vis-a?- vis the petitioners in OP (CAT) 212/2019, by applying the 'catch up' Rule evolved in Virpal (supra).

(3.) We have heard Sri. K.S Chauhan, learned counsel appearing for the petitioners in O.P (CAT) No. 212/2019 (contesting party respondents before the Tribunal), Sri. P. Vijayakumar, the learned Assistant Solicitor General of India for the petitioners in O.P (CAT) No. 218/2019 (Official respondents before the Tribunal) Sri. Kaleeswaram Raj & Maitreyi S. Hegde, the learned counsel appearing for the 1 st respondent (the applicant before the Tribunal), in both these cases.