Medical Council Of India VS. Sudiep Shrivastava & Ors.

Extract

---

Medical Council Of India VS. Sudiep Shrivastava & Ors.

The Judgement Information System CASE NO.: Appeal (civil) 1384 of 2008

PETITIONER: AFHQ/ISOs SOs (DP) Association & Ors RESPONDENT: Union of India & Ors DATE OF JUDGMENT: 19/02/2008

BENCH: H. K. Sema & Altamas Kabir & Lokeshwar Singh Panta JUDGMENT: J U D G M E N T

CIVIL APPEAL NO. 1384 OF 2008

[Arising out of S. L. P. (C) No.4545 of 2007]

WITH

CIVIL APPEAL NO. 1385 OF 2008

[Arising out of S. L. P. (C) No.5853 of 2007]

AFHQ Officers' Association & Ors.

Versus Union of India & Ors.

Lokeshwar Singh Panta, J.

1. Leave granted.

2. The usual question as regards determination of inter se seniority between Direct Recruits (DRs) and Departmental Promotees (DPs) once again falls for consideration in these two appeals by special leave, therefore, for the sake of convenience, they are being heard and decided by this common judgment.

3. These appeals are directed against the judgment and order of the High Court of Delhi dated 14th November, 2006 in C.W.P. No. 4058/2002; C.W.P. No. 4458/2002; C.W.P. No.

5396/2002 and C.W.P. No. 62/2003 and order dated 15th January, 2007 in C.W.P. No. 18073/2005, whereby and whereunder the order dated 1st April, 2002 in O.A. No.

1356/1997 (Smt.Ammini Rajan & Ors. v. Union of India & Ors.) of the Central Administrative Tribunal, Principal Bench, New Delhi, is set aside.

4. The Central Administrative Tribunal (hereinafter referred to as "the Tribunal") allowed the said O.A. filed by Smt.

Ammini Rajan & Ors. challenging the Select List of Assistants for promotion to the grade of Assistant Civilian Staff Officers (hereinafter referred to as "ACSOs") and Armed Forces Headquarters(AFHQ) Civil Services for the years 1977, 1978 and 1979 which was circulated vide letter dated 2nd July, 1996; the Select List for the year 1980 which was circulated vide another letter dated 20.09.1996; the Select List for the year 1981 circulated vide letter dated 20.11.1996 and also the Select List of 1982 circulated vide letter dated 14.03.1997.

The applicants were also aggrieved by the consequential Seniority List of ACSOs of AFHQ Civil Services prepared by the Departmental Promotion Committee (for short "the DPC") for the years 1988-89 and 1989-90 respectively for promotion to further grade of Civilian Staff Officers (CSOs). Based on the revised Select List in the grade of ACSOs, the claim of the applicants was that the Select List and the Seniority List for promotion to the grade of CSOs were drawn in contravention of the directions given by the Tribunal in TA No.356/1985 (CW 3/78) rendered in Shri M.G. Bansal & Ors. v. Union of India &

Ors. on 20th November, 1992 and also in violation of AFHQ Civil Services Rules, 1968.

5. The Tribunal, ...

See the full content of this document

---