VIJAY K. SHARMA Vs. DIRECTOR NATIONAL AYURVED INSTITUTE

JUDGEMENT

(1.) Petitioner has assailed order dated 30.11.1991 (Annexure 4) whereby despite seniority in the cadre of LDC, he has been superseded by departmental promotion committee ("DPC") while recommending for promotion to the post of UDC. This order dated 30.11.1991 (Annexure 4) was subsequently modified vide order dated 1.12.1993, whereby respondents 2 to 4 were promoted w.e.f. 22.2.1991.

(2.) Facts in brief, are that the petitioner was appointed to the post of LDC on 25.7.1980. Requisite type test held on 12.12.1985 was qualified by him, whereafter on recommendations of Selection Committee, his services as LDC were regularised vide order dated 22.10.1986 (Annexure 1). Final seniority list (Annexure 2) of LDCs was published on 15.7.1988 wherein his name finds place at S. No. 5, while respondents 2 to 4, who are junior to him as per dates of their regular appointment, as is shown in seniority list (Annexure-2), stand at S. No. 8, 11 & 12, respectively.

(3.) Service conditions of employees of respondent Institute are governed by National Institute of Ayurveda Service Rules, 1982 ("1982 Rules"). Posts of LDC & UDC are categorized in Group C and as per part VII of 1982 Rules, Rule 28 which deals with "Criteria", for promotion, which provides that posts categorised in Group C are to be filled on the basis of seniority cum merit.