P. SUBRAMANIYAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is preferred by the petitioner against the order, dated 31.10.2006 made in O.A. No. 161 of 2006 by the fifth respondent herein, whereby setting aside the order dated 20.12.2005 of the respondents 1 and 2 and also directed them to refix the seniority of the fourth respondent above the petitioner and the third respondent herein.

(2.) IT is not in dispute that the petitioner herein was appointed as Chargeman Gr.II (T) on 08.08.2000, under Limited Departmental Competitive Examination (LDCE) along with the fourth respondent, though, he was already appointed as Chargeman Grade II Technical (CM Gr.II (T)) with effect from 12.04.2000 under Direct Recruitment quota. The third respondent was appointed as Chargeman Gr.II (T) under LDCE quota with effect from 09.08.2000, on the ground that the fourth respondent had not given his willingness for the LDCE quota. However, the petitioner and the third respondent were placed seniors above the fourth respondent stating that he was considered only for the Direct recruitment quota, though he was selected under Direct recruitment as well as for LDCE quota and was already holding the post of Chargeman Gr.II (T) with effect from 12.04.2000, stating that he had not submitted his willingness to accept the offer of appointment in LDCE quota.

(3.) IT is seen that the Central Administrative Tribunal has framed two important questions for consideration of the Original Application, which are as follows: