YAR MOHAMMAD KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant petition under Article 226 of the Constitution is directed against order dated 29.11.2000 passed by the Chandigarh Bench of the Cen tral Administrative Tribunal, rejecting the claim made by the petitioner on two grounds. Firstly it has been held that the cause of action, if any, accrued to the petitioner in the year 1987 and the OA no. 1155/JK/97 was filed after ten years which was found to be hopelessly time barred. Secondly, on merits it has been found that petitioner joined as a Group-D employee with the respon dents with effect from August, 1983 and in order to become eligible for promo tion to the post of Clerk Grade-II, he needed to have five years service in Group-D to his credit. In the year 1987 when the departmental examination for promotion to the post of Clerk Grade-II was held, he was not eligible because he had obviously less than five years of service. In the year 1991 he suc ceeded in the examination and was accordingly accorded promotion in the aforesaid grade.

(2.) Facts are not in dispute. The peti tioner joined as a Canteen Salesman on 21.04.1981 and with effect from 16.06.1982 to 19.08.1983 he worked as a Canteen Manager. The post of Can teen Salesman or Canteen Manager is a non-statutory post. However, he was appointed as a Peon (Grade-D) with the Station Director, Radio Kashmir Srinagar vide order dated 29.08.1983 in the pay scale of Rs. 196-232. On 07.07.1987 a letter was circulated for holding of Departmental Competitive Examination for appointment to the post of Clerk Grade-II from education ally qualified Group-D staff against 10% vacancies. The petitioner was educa tionally qualified and accordingly ap plied for taking the examination but his request was turned down by the respondents on the ground that he lacked requisite five years service in Group D as he was appointed to the aforesaid post on 29.08.1983. However, in the year 1991 when similar letter was circulated, he qualified the exami nation and was duly promoted to the post of Clerk Grade-II in the pay scale of Rs. 260-400 vide order dated 17.04.1991 (P-12). His representation for determination of his seniority right from the date of his joining as a Can teen Salesman/Can teen Manager and promotional benefits from the date he gave his willingness to appear in the Departmental examination in the year 1987, was rejected. He filed OA no. 1155/JK/97 with a prayer that he was eligible as a departmental candidate in the year 1987 and further requested for directions to the respondents for fixing of his seniority alongwith all the ben efits of promotion from the same date.

(3.) The respondents contested the claim made by the petitioner, pleading that he was never an employee of a departmental Canteen and the employ ees of the non-statutory Canteens/Tiffin rooms were declared Central Gov ernment Employees only w.e.f. 01.10.1991 which is evident from OM dated 26.08.1994 (R-l). The respon dents also defended the refusal to per mit the petitioner to appear in the ex amination in the year 1987 because from 29.08.1983 he had not completed five years service in Group-D post.