IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 7352 OF 2002

UNION OF INDIA .......APPELLANT(S)  

Versus

D.K. VIJH .....RESPONDENT(S)

WITH C.A. NO.7025/2004

O R D E R

Heard learned counsel for the appellant.  Despite  notice,  none appears on

behalf of the respondent.  However, in view of a recent decision of this Court rendered in

Nirmal Chandra Sinha Vs.  Union of India & Ors.,  2008 (4) Scale 839, we propose to

dispose of this appeal on merits.

This  appeal  is  directed  against  the  judgment  of  the  High  Court.    The

respondent was appointed as Section Officer on 4/7/1962.  Thereafter, he was promoted

to the post of Assistant Engineer sometimes in February 1972.  On 27/8/1978, he was

promoted to the post of Executive Engineer(C) on adhoc basis.  The regular selection

committee met on 11/4/1997  and recommended for regularisation of  the respondent

alongwith  others  w.e.f.  20/3/1997.   The  seniority  list  of  Executive  Engineers  was

published where it had been shown that the seniority of the respondent is reckoned w.e.f.

20/3/1997.   Aggrieved  thereby,  the  respondent  filed  O.A.  before  the  Central

Administrative   Tribunal.   The   CAT  allowed  the  

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application.   The  High Court  confirmed the  finding.  Hence,  the  present  appeal  by

special leave.

The sole question to be determined in this appeal is as to whether the seniority

of the respondent in the cadre of Executive Engineer is to be reckoned with effect from

the date of the DPC or from the date of occurance of vacancies in the said post.  This

question has been answered by this Court in a recent decision of this Court in the case of

Nirmal Chandra Sinha (supra).  The said decision squarely covers the facts of the case in

hand.   

Accordingly, the orders of the tribunal and of the High Court are set aside.

Original Application filed by the respondent stands dismissed.  Appeal is allowed.

CIVIL APPEAL NO. 7025 OF 2004

In view of our order passed in C.A. No.7352 of 2002, this appeal is allowed.

The orders of the tribunal and of the High Court are set aside.  Original Application

filed by the respondent stands dismissed.

  ...........................J.    ( H.K. SEMA )

New Delhi;    ...........................J. May 08, 2008.              ( MARKANDEY KATJU )