SUDESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this writ petition the petitioner has challenged the consolidated seniority list prepared for the Laboratory Assistant (Chemistry) and the Laboratory Assistant (Physics). As a result of the consolidated seniority list he was placed below Shri S.C. Ghosh, Shri S.S. Mariapan and Shri S.C. Gupta, non -petitioners No. 5 to 6, respectively. He has further challenged the promotion of non -petitioners No. 5 and 6 to the post of T.A. Grade II (Chemistry).

(2.) THE material facts, as averred by the petitioner, are that he was initially appointed as a Laboratory Assistant on 2 -1 -1960 by the Director of Geology Oil and Natural Gas Commission, Dehradun (hereinafter referred to as 'the O.N.G.C. '). Thereafter he was selected by the Department Pro motion Committee (hereinafter referred to as 'the D.P.C.') as a Laboratory Assistant (Chemistry) on 1 -3 -1967, which post he joined on 2, -7 -1967 H effecting promotion lo the post of Technical Assistant, Grade II (Chemistry a consolidated seniority of the Laboratory Assistant (Physics) and the Laboratory Assistant (Chemistry) was prepared, wherein the petitioner was placed at No. 7 below non -petitioners No. 5, 6 and 7. The non -petitioners No 5 and 6, namely Shri S.C. Ghosh and Shri S.S. Mariappan, were promoted to the post Technical Assistant, Grade II (Chemistry). According to the petitioner it is the date of selection, winch is material for the preparation of the consolidated seniority and not the date of joining. The petitioner alleged that the date of selection Shri S.C. Ghosh for the post of Laboratory Assistant (Physics) was 3 -5 -1967, whereas the date of selection of the petitioner and Shri S.C. Gupta was 1 -3 -1967 and the date of selection of Shri S.S. Mariappan for the post of Laboratory Assistant (Physics) was 28 -12 -66. As regards the date of joining, the petitioner stated that Shri S.S. Mariappan joind on 3 -7 -1967, Shri.S.C. Ghosh on 17 -7 -1967. Shri S.C. Gupta on 16 -8 -67 and the petitioner on 24 7 -1967. It may be stated here that the date of selection s well as the date of joining so far as Shri S.S. Marriappan is concerned both the dates are prior to the date of the petitioner. Shri S.C Ghosh thonoh was selected on 3 -5 -1967, but he joined a week earlier to the petitioner T regards Shri S.C. Gupta, he was selected on the same date on which the petitioner was selected, but the Petitioner has stated that he joined on 16 -8 -1967, much later to the date of joining of the petitioner. As regards Shri S.S. Mariappan, the petitioner's case is that the petitioner should have been placed above Shn S.S. Mariappan, being a promotee.

(3.) REJOINDER lo the reply was also filed by the petitioner.