SUNIL KUMAR VAID Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners have invoked the extra-ordinary writ jurisdiction of this Court under Articles 226/227 of the Constitution of India for the issuance of a writ in the nature of certiorari quashing Annexures P-4 to P-6 whereby the respondent Ns. 4 to 6 have been promoted as Senior Draftsmen Grade II (Civil) and for issuance of a writ of mandamus directing the respondents to promote the petitioners to the post of Senior Draftsmen Grade II (Civil) from the date respondent Nos. 4 to 6 were promoted i.e. 1.7.1995.

(2.) The backdrop of the case is that the petitioners were appointed as draftsman Grade III (Civil) in the pay-scale of 330-560 vide letter Annexure P-1. The respondents Nos. 4 to 6 were appointed on 17.5.1985, 23.5.1985 and 6.6.1985 respectively as draftsman Grade III (Civil) in the same pay scale. The seniority list of the draftsman Grade I (Civil) as on 1.1.1995 is Annexure P-2 with the writ petition. A perusal of the same shows that the petitioners figure at serial Nos. 5 to 10 whereas respondent Nos. 4 to 6 figure at serial Nos. 11 to 13. Thus, the respondents are junior to the petitioners.

(3.) The petitioners as well as the respondents Nos. 4 to 6 were promoted to the post of Draftsman Grade I with effect from 1.7. 1990 in the pay scale of Rs. 800-1445/-. Further, respondent Nos. 4 to 6 were promoted to the post of Senior Draftsmen, Grade II (Civil) with effect from 1.7.1995, whereas the petitioners who are senior to them, have been left out and discriminated. Copies of the promotion orders are Annexure P-4 to P-6.