MRS. SUKANYA DEVI AND ANOTHER Vs. CENTRAL ADMINISTRATIVE TRIBUNAL, CHANDIGARH BENCH, CHANDIGARH AND OTHERS

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution challenges order dated 5.12.2006 (P-1) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for brevity, 'the Tribunal') dismissing OA No. 456/CH/2005 filed by the applicant-petitioners holding that there is no violation of principles of natural justice in issuing the impugned order dated 9.5.2005 (A-1) reverting them from the post of Social Studies Mistress to that of Nursery Teachers. The Tribunal has also upheld the provisional gradation list of Nursery Teachers as it stood on 30.9.2003, vide order dated 20.4.2005 (A-8).

(2.) In the present proceedings the actual dispute relates to fixing the inter se seniority between the applicant-petitioners and the private respondent Nos. 4 to 9. It is admitted fact that all of them joined the Education Department, U.T. Chandigarh as Nursery Teachers on 15.4.1986. On 29.3.1989, the District Education Officer, Chandigarh Administration, issued a provisional gradation list of Nursery Teachers as it stood on 31.10.1988 and invited objections, if any, within a fortnight. In the said list, the names of the applicant- petitioners figured at Sr. Nos. 86 and 82 respectively and the names of private respondent Nos. 5 to 9 at Sr. Nos. 58, 62, 64, 70 and 90 respectively (A-5).

(3.) On 14.7.1997, again a provisional gradation list of Nursery Teachers of U.T. Chandigarh as it stood on 31.5.1997 (30.4.1997 ) was issued to the Heads of all the Government Schools. It was specifically mentioned that the same be brought to the notice of all the Nursery Teachers and a certificate to that effect was required to be sent within a period of 15 days from the date of issue. The letter further states that in case of any discrepancy in the gradation list, the same could be brought to the authorities within 15 days failing which it was to be presumed that no teacher has any objection to his/her seniority as assigned to him/her. In this provisional seniority list, the names of the applicant-petitioners figures at Sr. Nos. 47 and 48 respectively and the names of private respondent Nos. 4 to 8 at Sr. Nos. 61, 69, 73, 58 and 56 respectively (A-6).