GOVERNMENT OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THE present two writ petitions are directed against the order passed by the Central Administrative Tribunal, Chennai Bench in O.A.No.305 of 2001. W.P.NO.21961 of 2001 is filed by the Government of India and W.P.No.22087 of 2001 is filed by some of the employees who are affected by the order passed by the Tribunal. Such Original Application was filed by the present Respondents 2 to 11 in W.P.No.21961 of 2001 challenging the Order No.15-78/99-STG-II dated 1.2.2001 issued by the Government of India.

(2.) FOR convenience, the present Respondents 2 to 11 in W.P.No.21961 of 2001, who had filed the O.A.No.305 of 2001 are referred to as "the applicants" and the present writ petitioners are referred to as they were arrayed in such O.A.

(3.) THE main contention raised by Mr. V.T. Gopalan, the learned Addl. Solicitor General for the Central Government, is to the effect that even though LDCE had been held in the year 1987 and 1988, results had not been declared due to wrong calculation regarding the posts available on the basis of LDCE and subsequently when the orders were passed by different Benches of the Central Administrative Tribunal, in order to comply with those directions, mistakes had been rectified and the persons who had passed the LDCE during the examination held in 1987 and 1988 were given their seniority by antedating their deemed date of appointment on the basis of the availability of the vacancies for LDCE quota.5.1 Mr. Balan Haridoss, learned counsel for the writ petitioners in W.P.No.22087 of 2001, has also contended likewise. It has been submitted by him that even though such writ petitioners were not at fault and they had appeared at the examination in the year 1987 and 1988 and they should have been promoted on the basis of the available quota, they were not so appointed and therefore on the basis of declaration of such results, their seniority has been rightly antedated.