UNION OF INDIA Vs. RAGHUBIR SINGH AND OTHERS

JUDGEMENT

(1.) The instant appeal under Clause 12 of the Letters Patent by Union of India is directed against judgment and order dated 31.05.2001 rendered by a learned Single Judge of this Court by holding that the writ petitioner-respondent, Raghubir Singh shall be given seniority on the basis of service rendered by him as wireman on casual basis w.e.f. 14.12.1970. According to the learned Single Judge, services of the writ petitioner were regularized w.e.f. 05.07.1976. It is appropriate to mention that the date of regularization was later on corrected as per the statement made by the learned counsel for the appellant to 04.11.1975. It has also come on record that that the other two connected appeals filed by S/Sh. Dwarka Nath and Amarjit Singh being LA(SW) Nos. 224/2001 & 225/2001 were withdrawn by them on the ground that they have been given necessary relief by Union of India. To that effect orders have been passed by the Division Bench on 29.09.2008 and 13.10.2008 as per the record. The date of appointment of S/Sh. Dwarka Nath and Amarjit Singh 05.04.1976 and 10.07.1976. It appears that on account of incorrect date of regularization i.e. 05.07.1976 of Raghubir Singh, writ petitioner-respondent in the present case, Sh. Dwarka Nath was considered senior. However, on account of correction effected later on changing the date of regularization to 04.11.1975 the situation has undergone change. Accordingly, Raghubir Singh, writ petitioner- respondent has to be regarded senior to S/Sh. Dwarka Nath and Amarjit Singh/Both of them have been given the benefit of promotion to the post of Electrician HS-II. For that reasons they have withdrawn their appeals.

(2.) We have heard learned counsel for the parties.

(3.) Having heard learned, counsel, we are of the considered view that the directions issued by the Learned Single Judge to accord seniority to the writ petitioner respondent, Raghubir Singh by reckoning the services rendered by him as wireman on casual basis w.e.f. 14.12.1970 would not be sustainable in view of the settled principles of law. In that regard reliance may be placed on a 5-Judge Bench Judgment of Hon'ble the Supreme Court rendered in Direct Recruit Class II Engineering Officers Association v. State of Maharashtra and others, 1990 2 SCC 715 . The relevant observation reads as under:-