SHIV KANTA Vs. KASHMIR SINGH RANA

JUDGEMENT

(1.) THE petitioner has preferred the writ petition for reviewing the judgment dated 4.4.2003 of learned Central Administrative Tribunal (Chandigarh Bench) in short ˜learned Tribunal in OA No.1161/HP/2001.

(2.) THE petitioner/(Smt.Shiv Kanta) initially appointed as Lower Division Clerk (in short ˜LDC) on 1.7.1971, was promoted as Upper Division Clerk (in short ˜UDC) on ad -hoc basis with effect from 1.12.1983 and was subsequently promoted on regular basis as UDC with immediate effect vide order dated 17.2.1994 (Annexure P -1), whereas Sh. Kashmir Singh Rana, respondent No.1 initially appointed as ˜LDC - on 24.9.1983 and subsequently appointed to the post of Stenographer Grade -IV vide office order dated 25.9.1986, (Annexure A -5) was kept on probation for two years.

(3.) A combined seniority list of UDCs/Stenographer was circulated vide letter dated 28.10.1999 ( Annexure P -4 ), wherein, the petitioner was placed at serial No.1 with her date of appointment as ˜UDC on 1.12.1983 and respondent No.1 was placed at serial No.3 showing his date of appointment as Stenographer on 23.4.1990. Being aggrieved, respondent No.1 by OA No. 1137/HP/1999 challenged the changing of his date of appointment of Stenographer from 25.9.1986 to 23.4.1990 and consequential change in his inter -se seniority of UDC and Stenographers in the office of Assistant Manager, Shimla. The said OA was allowed by learned Tribunal vide order dated 16.8.2000( Annexure P -6 ) with following observations: In the face of above, it is concluded that the principles of natural justice had not been adhered to while disposing of the representations of private respondents. In view of this, the OA is allowed and orders Annexures A -1 and A -2 are quashed by leaving it open to the respondent authorities to dispose of the representations of the private respondents and the applicant by affording them an opportunity of being heard and by supplying the copies of the representations to the officials likely to be effected. The representations shall be disposed of by passing a speaking order. -