UNION OF INDIA Vs. DAYAL CHAND

JUDGEMENT

(1.) Union of India by this writ petition under Articles 226/227 of the Constitution of India has challenged order dated 7.9.2007 (Annexure P- 19) passed by the Central Administrative Tribunal, Chandigarh, whereby it is directed to correct the seniority of the applicant-Dayal Chand son of late Shri Shankar Ram in the cadre of P.A. with reference to his date of joining in Ambala Division on 8.7.1977 with all consequential benefits.

(2.) Shri Dayal Chand had joined the department as Postal Assistant with effect from 24.1.1969 in Patiala Division. He was declared permanent with effect from 1.7.1973. Thereafter, he was transferred to Ambala Division on his request. He joined there with effect from 8.7.1977. At that time, Patiala and Ambala Divisions were in the same Circle. He was promoted as LSG with effect from 24.1.1985. Thereafter, he was promoted as HSG-II with effect from July 1985 under the BCR Scheme i.e. on completion of 16 and 26 years of service. He became entitled for promotion to HSG-I on completion of 3 years of service in BCR Scale. Under Rule 38 of the P&T Manual Vol.IV when an official is transferred at his own request, he will rank junior in the gradation list of the new unit to all the officials of that unit on the date on which the transfer orders have been issued. The Rule further provides that if one permanent official is transferred from one unit to another he will retain his lien in the old unit until he can be accommodated in the new unit according to his position in the new unit.

(3.) The precise grievance of the applicant-Dayal Chand is that even though he had joined as Postal Assistant after being transferred on 8.7.1977 he was placed below all the Postal Assistants who had joined their services upto 8.7.1977. Respondent No. 4-Madan Lal his junior, who joined the Postal Assistant Cadre on 30.6.1980, and was confirmed on 1.1.1984 was promoted to LSG on regular basis on 7.7.1984 (Annexure A-1). In the seniority list dated 1.7.2002 (Annexure A-2) the applicant-Dayal Chand has been placed below respondent No. 4. Representations were made on 10.9.2004 (Annexure P-112) and 30.9.2004 (Annexure P- 113) for correction of his seniority and promotion which were rejected on 20.1.2005 (Annexure A3) informing him that his seniority has been fixed with reference to his date of confirmation on 1.3.1985. No one junior to him has been promoted as LSG. The orders Annexures A1 to A4 have been challenged by the applicant by filing an OA in the Tribunal.