SANJEEV KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) M .A. -3179/2014 in O.A. -3696/2014 for joining together in one application is allowed. M.A. -3214/2014 has also been filed by the respondents for vacation/modification of interim order passed on 15.10.2014. Since the pleadings in this case are complete, we have heard the final arguments of the rival parties and have decided to dispose of this case finally. This M.A. has, therefore, become infructuous and is disposed of as such.

(2.) M .A. -3229/2014 in O.A. -3762/2014 for joining together in one application is allowed. M.A. -3230/2014 has also been filed for exemption from filing typed/certified copy of annexures. Since this case is identical to O.A. -3696/2014 and is being disposed of by this common order, M.A. -3230/2014 has become infructuous and is disposed of as such.

(3.) THE contention of the respondents is that the seniority of the applicants after their absorption in NHAI is to be determined as per the DoP & T Circular dated 27.03.2001 according to which the seniority is to be determined on the basis of the date of absorption. However, if a person was holding analogous post in his parent department before absorption in NHAI then the seniority has to be determined from the date he has been holding the post on deputation or the date from which he has been appointed on regular basis to the analogous post in his parent department, whichever is earlier. The respondents have further stated that the applicants have not been working on analogous post in their parent department, hence their seniority has to be determined on the basis of their date of absorption. Further, they have stated that NHAI Regulations provide that 04 years regular service in the grade of Manager (T) was essential for promotion to the post of Deputy General Manager (DGM). The applicants do not fulfill this criteria and have therefore not been called for interview. As regards holding interviews for promotion without preparation of a seniority list, the respondents have stated that there were 99 vacant posts of DGM and only 56 Managers (T) working on absorption are available. Therefore, they are in a position to consider all eligible Managers (T) irrespective of their position in the seniority list. The applicants have, however, not been called for interview because they have been found to be ineligible for such consideration as they have not put in 04 years of regular service as Manager (T).