ASHU JAIN Vs. UNION OF INDIA AND OTHERS.

JUDGEMENT

(1.) In this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner is challenging the impugned judgment dated 10.03.2000 passed by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur in Original Application No. 516/1995, filed by the respondent-original applicant, whereby while allowing the original application, the Tribunal passed the following order :

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

(3.) According to facts of the case, respondent-original applicant claimed his seniority on the post of D.S.K.P. - III with effect from the date when he was promoted on ad hoc basis. The applicant was promoted to the post of D.S.K.P. - III in a chain vacancy by adopting the prescribed procedure with effect from 20.06.1987. He was given officiating benefit with effect from 20.03.1987, the date from which one of his junior G.K. Bohra was promoted as D.S.K.P. - III. In the seniority list published earlier the respondent-original applicant was shown senior to respondents No. 3 to 6 (before the Tribunal). Subsequently, applicant was regularized on the said post with effect from 26.05.1988 without going through any selection process and applicant was promoted on a regular vacancy by adopting the prescribed procedure, therefore, it was claimed by him that period of officiating on ad hoc basis on the post of D.S.K.P. - III should be counted for the purpose of seniority.