SHIV RATAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petition has been preferred as against the order dated 9.08.2011 passed by the learned Central Administrative Tribunal, Jodhpur (for short, hereinafter referred to as 'the Tribunal) in Original Application No.164/2010.

(2.) BY way of filing the original application, the petitioner claimed seniority over the respondent no. 4 on the ground that he was confirmed earlier to respondent no. 4 and he should have been shown senior in the succeeding seniority list ranging from 1995-2009. The claim of the petitioner was refuted in the reply to Original Application wherein it was submitted that the petitioner's confirmation was made earlier because of wrong counting of working days of the applicant which was discovered subsequently. Thereafter in the subsequent seniority lists issued in the year 1995, 2000, 2003 and 2006, the petitioner was shown junior to the respondent no. 4. Against the seniority list Annexure R/5 issued in the year 2006, the petitioner preferred representation which was rejected vide Annexure R/6 which was not challenged by the petitioner. In the year 2009, one more seniority list was issued showing the peitioner as junior to the private respondent which was challenged by him before the Tribunal. The Tribunal after hearing learned counsel for the parties and considering the material on record dismissed the O.A.