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2019 Supreme(SC) 386

ASHOK BHUSHAN, K.M.JOSEPH
VINOD VERMA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Appellant :Mr. Puneet Jain, Advocate and Ms. Christi Jain, Advocate
For the Respondent:Mr. Sanjay Jain, Advocate, Mr. J.S. Attri, Sr. Advocate, Mr. Pradeep Kumar Mathur, Advocate, Ms. Babita Sant, Advocate, Ms. Malini Poduval, Advocate, Ms. Amita Singh Kalkal, Advocate, Ms. Gauri Puri, Advocate, Mr. Yadav Narender Singh, Advocate, Mr. Arvind Kumar Sharma, Advocate, Mr. Robin Jacob, Advocate, Mr. Tom Joseph, Advocate, Mr. Kumar Gaurav, Advocate and Mr. Antony M.P., Advocate, for the Respondent.

JUDGMENT :

Ashok Bhushan, J.

This appeal has been filed against the judgment dated 03.12.2014 of the High Court of Punjab and Haryana at Chandigarh dismissing the writ petition filed by the appellant as well as the order dated 24.02.2016 rejecting the Review Application No. 21 of 2016 filed by the appellant to review the judgment dated 03.12.2014.

2. Brief facts giving rise to the appeal need to be noted are:

Rules have been framed under proviso to Article 309 of the Constitution, namely, the Telecommunications Engineering Service (Group "B" Posts) Recruitment Rules, 1996 (hereinafter referred to as "Rules, 1996"). The post of Sub-Divisional Engineer is the post governed by the Rules, 1996. The post of Sub-Divisional Engineer is hundred percent promotional post. Junior Telecom Officers are eligible for promotion under two methods: (i) 75% on the basis of seniority-cum-fitness, (ii) 25% on the basis of departmental competitive examination. In the year 2000, the Telecommunication Department initiated the process for filling up of the vacancies "Post 1996-97". In the year 2001, the appellant was promoted as Sub-Divisional Engineer under the seniority-cum-fitness quota. The department anno











































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