RAJEEV KHARBANDA Vs. UNION OF INDIA & OTHERS

JUDGEMENT

(1.) The writ petitioner who figured as 6th respondent in the Original Application filed by 6th respondent herein challenges the order passed by the Central Administrative Tribunal (for short 'Tribunal'), Chandigarh Bench setting aside the order dated 28.7.2010 promoting the writ petitioner to the post of Programme Executive (for short 'PEX').

(2.) The 6th respondent herein prayed before the Tribunal, Chandigarh Bench that she might be ordered to be placed in the promotional post and scale as Programme Executive (Incharge) in place of the writ petitioner alongwith all emoluments and benefits which were enjoyed by the writ petitioner. The 6th respondent also prayed for setting aside the impugned transfer order passed by the private respondents.

(3.) The 6th respondent herein was recruited directly to the post of Transmission Executive (for short 'TREX) in the year 1990. The writ petitioner joined as a TREX on 6.12.1990 on compassionate grounds. The 6th respondent herein contended that on the basis of Rule 4.8 of the consolidated Instructions issued by the Government of India on "Seniority of Direct Recruits and Promotees" a person who was appointed by way of direct recruitment would be placed senior to the person who was appointed on compassionate grounds in the same order. In the year 2005, the 6th respondent was senior to the writ petitioner as per the seniority list of TREX issued as on 1.1.2004, inasmuch as the 6th respondent was shown at S.No.379 and the writ petitioner was shown as S.No.391.