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1993 Supreme(SC) 179

KULDIP SINGH, N.M.KASLIWAL
Chief Engineer And Secretary, Engineering Department, U. T. , Chandigarh – Appellant
Versus
Kamlesh Baboo – Respondent


Advocates:
ASHOK MAHAJAN, Mahabir Singh, RAJ BIRBAL, RAJINDER SACHAR

JUDGMENT

KULDIP SINGH, J.—Kamlesh Baboo and V.K. Bhardwaj were promoted as Executive Engineer (Civil) with effect from January 21, 1986 in the Engineering Department of the Chandigarh Administration. The promotion was made on the basis of merit and suitability as determined under the provisions of the Punjab Service of Engineers, Class I (Buildings and Road Branch) Rules, 1960 (the Rules) as applicable to the Chandigarh Administration. Both of them approached the Central Administrative Tribunal, Chandigarh Bench seeking a direction to the effect that their seniority in the cadre of Executive Engineers be determined from the date when they became eligible to be considered for promotion under the Rules. In other words, they claimed January 1, 1985 - the eligibility date - as the date of their promotion to the post of Executive Engineer instead of January 21, 1986 when they were actually promoted. The Tribunal by its order dated June 6, 1986 granted the relief asked for by Kamlesh Baboo and V.K. Bhardwaj in the following terms: "In view of the above discussion, we direct that the applicant, who was promoted as Executive Engineer from january 21, 1986 (videOffice Order dated January 20



















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