SURESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE relevant facts leading to the filing of this Letters Patent Appeal against the dismissal of the appellants' writ petition by a learned Single Judge of this Court may first be noticed.

(2.) IN pursuance of and in accordance with Paragraph 8 of instructions, dated June 22, 1949 (Annexure 'r-2') for the initial constitution of the Assistants Grade of the central Secretariat Service, circular No. 30/49-R of the same date (Annexure 'a' to the writ petition), was issued by the Ministry of Home Affairs, Government of india, New Delhi, to all the Ministries of the Government of India directing inter alia that the seniority of all temporary and permanent Lower Division Clerks in the government of India and in the attached offices appointed or nominated after january, 1, 1944, shall be arranged in a single list and fixed on the basis of the length of continuous service of the incumbents concerned in the clerks' grade. The other directions in the circular do not concern us for deciding this appeal.

(3.) SURESH Kumar appellant No. 1 and Tara Chand Jain appellant No. 2 were appointed Lower Division clerks on October 9, 1950, and November 26, 1951, respectively. They were in due course posted in the Central Government Medical stores Depot, Karnal, under the administrative control of the Director General of health Services New Delhi. Their names were brought in the common seniority list of Lower Division Clerks according to the circular, dated June 22, 1949 (hereinafter referred to as the 1949 Circular ).