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1996 Supreme(SC) 333

G.B.PATTANAIK, K.RAMASWAMY
Union Of India – Appellant
Versus
S. D. Gupta – Respondent


ORDER

Delay condoned. Impleadment is allowed.

2. Leave granted.

3. We have heard the counsel on both sides. The admitted facts are that the respondents are promotee-Extra Assistant Directors [Class III in Central Water Commission Engineering Class-1 Service. Rules were made w.e.f. October 15,1965. The Tribunal in the earlier litigation had found that V.P. Misra, Extra Asstt. Director was promoted on ad hoc basis on March 31, 1978 and he was required to be confirmed w.e.f. the date on which vacancy was available to him in the quota of promotes. It is not in dispute that vacancy had arisen in the quota of promotees on May 3, 1979 and he was fitted into that vacancy. While doing so, the appellants had applied the principle of rota and quota and determined inter-se-seniority of the promotees and the direct recruits. Consequently, the promotees were pushed down in the order of their seniority. That led to the second round of litigation. In the impugned order dated April 20,1995 made in O.A. No. 1050/94, the CAT at Delhi had directed the appellants to determine the seniority in the light of the directions issued by this Court in Civil Appeal arising out of SLP (Q No. 14389/88 on April 23, 1



































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