K.A.MOHAMMED MANIKFAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, applicant before the Tribunal, impugn the order rejecting his claim for consideration of seniority above the 3rd respondent in the cadre of Junior Scientific Officer for the purpose of further promotion to the post of Assistant Director in the Department of Science and Technology, Union Territory of Lakshadweep at Kavaratti.

(2.) The claim of the applicant is for seniority with respect to a selection initiated in the year 1999 in which the applicant was appointed in 2001. However, there can be no delay alleged against the applicant, since the seniority list was published only on 17.04.2010 as per Annexure A4, just prior to the consideration for promotion to the post of Assistant Director. The seniority list, produced as Annexure A4 and the Office Memorandum dated 01.01.2011, wherein his claim for seniority above that of the 3rd respondent was rejected, produced as Annexure A7, were impugned before the Tribunal by an Original Application of 2011 itself.

(3.) On background facts, it has to be noticed that the applicant joined service as a Technical Assistant in the Department of Science and Technology under the Administration of Union Territory of Lakshadweep on 26.02.1990. Two posts of Junior Scientific Officer were created on 01.10.1998; the Recruitment Rules of which was produced as Annexure A3 in the O.A. The Recruitment Rules provided for a quota of 50% for the Promotees and 50% to Direct Recruits. The feeder category for promotions was the post of Technical Assistant and in their absence, Environmental Warden; the former having six years experience and the latter having ten years experience.