UNION OF INDIA AND OTHERS Vs. MADAN SINGH

JUDGEMENT

(1.) This L. P. appeal is preferred by the Union of India and its Officers against the order made in SWP No. 792/2009 dated 21.09.2015, allowing the writ petition of the respondent seeking quashing of notice dated 23.04.2009 , proposing reversion of the writ petitioner from the post of Sub Inspector to the rank of Assistant Sub Inspector and holding that the writ petitioner is entitled to all the benefits by taking his initial appointment as 25th of September, 1989 instead of 26th of October, 1994.

(2.) The case pleaded by the respondent before the writ court was that advertisement to fill up the backlog vacancies of ST/SC categories in a special drive was issued and the respondent came to be appointed as Assistant Sub Inspector/Clerk on 28.09.1989. The appointment of the respondent was subject to passing of type writing test within one year from the date of his appointment. The respondent continued in service and passed the said type writing test on 26.10.1994. Thereafter by order dated 23.12.1994 the respondent and four others were appointed on regular basis. The name of the respondent was reflected in the seniority list and respondent was considered in his category for promotion by the Departmental promotion Committee and was promoted as Sub Inspector (Ministerial) with effect from 12.10.2000. The respondents thereafter issued show cause notice dated 19.07.2005 whereby the respondent was asked to show cause as to why his seniority be fixed from the date of confirmation. The respondent replied to the show cause notice. Again by virtue of communication dated 23.04.2009 the respondent was asked to show cause as to why he should not be reverted.

(3.) The said notice was challenged by the respondent and the learned Writ Court, after considering the fact that the date of appointment of the respondent has to be taken into consideration for fixing his seniority and applying the judgment of Hon'ble the Supreme Court ( The Direct Recruit Class-II Engineering Officers Association and ors v. State of Maharashtra and Ors, 1990 AIR(SC) 1607), holding that seniority has to be counted from the date of appointment and not from the date of confirmation, allowed the writ petition, against which this appeal is filed.