P T ABRAHAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who hails from the State of Kerala, had applied for one of the posts of the Auditors (U.D.C.) advertised by the Director of Audit, Defence Services, in June 1971. He appeared for the written test held for the said post in May, 1972 and having successfully passed in the same, received a call for interview on the 29th September, 1972. Admittedly, the petitioner had secured higher marks than respondents 5 to 20 who hail from States other than Kerala. It however appears that although respondents 5 to 20 were appointed to the posts of Auditors with effect from 24th September, 1973, the petitioners appointment was delayed till 13th March, 1974 on which date, for the first time, he joined his duties as such Auditor in the office of the Senior Deputy Director of Audit, Pune-respondent No. 4 herein. The scale in which the petitioner was appointed was Rs. 330-10-380EB-12-500EB-15 560. It must be stated however that although the petitioner was appointed on and from 13th March, 1974, since he stood above respondents 5 to 20 in the order of merits, he was given seniority over them in the list of seniority.

(2.) When the petitioner noticed that he was not given appointment with effect from 24th September, 1973 on and from which date respondents 5 to 20 were given the appointments, he made representation and claimed benefit of salary and all other benefits on the basis that he be deemed to have been appointed on and from 24th September, 1973. The said representation being of no avail, he has filed the present petition for the said reliefs.

(3.) In the affidavit-in-reply to the petition which has been filed by one Ramakant Anant Borkar, Joint Director of Audit, Defence Services on behalf of respondents Nos. 1 to 4, some startling statements have been made which reinforce the contentions of the petitioner. While not disputing the fact that the petitioner stood above Respondents 5 to 20 in the order of merits and further that the said respondents were appointed on the 24th September 1973, the following statements have been made there :--