I.K. BINDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) INSTANT petition is directed against order of the Central Administrative Tribunal ("Tribunal") Dt. 14.09.2011.

(2.) FOR our consideration the relevant facts can be noticed from order of the Tribunal and not in dispute for disposal of the present writ petition are that the petitioner was appointed on the rolls of BARC as Junior Stenographer Grade -III w.e.f. 18.04.1975 and was posted to Nuclear Research Laboratory at Srinagar. However, the headquarter of Nuclear Research Lab at Srinagar was shifted to Jammu w.e.f. 01.09.1990 on account of the prevailing law and order situation at Srinagar. The petitioner while working at Jammu made a request for his transfer on 27.04.1992 to Atomic Minerals Division for Exploration and Research (erstwhile Atomic Minerals Division) (AMD), North Western Region (now called as Western Region), Jaipur on account of his wife being posted at Accountant General's office, Jaipur which was favourably considered upon furnishing an undertaking by him for foregoing his seniority and he was transferred to AMD, Jaipur where he joined on 01.12.1992 by furnishing an undertaking Dt. 17.11.92 for foregoing his seniority in accordance with Department of Personnel and Training O.M. Dt. 03.07.1986.

(3.) IT will be relevant to notice that he was empanelled for the post of Stenographer Grade -II in BARC in the year 1992 on qualifying inter departmental examination but he did not get his promotion during his tenure in BARC. However, on qualifying the departmental examination he was granted two advanced increments and which he continued to get even after being transferred to AMD, Jaipur. On qualifying the said examination he was also granted ACP in the pay -scale of 5500 -9000 vide order Dt. 17.04.2000. After his transfer to Jaipur on his own request the petitioner approached to the learned Tribunal for determining his seniority from the date of his initial appointment and for grant of promotion to Stenographer Grade -II on the pretext that he had already been empanelled for Stenographer Grade -II prior to his transfer to Jaipur and his Original Application No. 254/1997 was disposed of by the Tribunal vide order Dt. 17.05.2000 and that came to be assailed by filing D.B. Civil Writ Petition No. 5207/2000 that too was disposed on 08.12.2000. In the seniority list of Stenographer Grade -III the petitioner was shown at the bottom of the list. However, his initial appointment in the Nuclear Research Laboratory was on 18.04.1975 but on being transferred on his own request and as he had foregone his seniority he was placed at the bottom of the list of Stenographer Grade -III.