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1999 Supreme(Del) 711

MADAN B.LOKUR, USHA MEHRA
K. B. RAJORIA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
G.K.AGARWAL, MUKUL ROHTAGI, SAURABH KIRPAL, U.Hazarika

Usha Mehra, J.

( 1 ) THE question which is posed to be answered in the writ petition is; What does "regular service in a cadre" stands for? Does it amount to qualifying service or amounts to experience in the service? Can Fixing of notional pay or for that matter notional promotion count as "regular service"?

( 2 ) BRIEFLY stated the case of the petitioner asset up by him is that he joined the Central Public Works Department (in short CPWD) in September, 1963 as Assistant Executive Engineer in December, 1966 and then promoted as Executive Engineer in December, 1966 and then to the post of Superintending Engineer in April, 1976. He was promoted to the post of Chief Engineer (Civil) and his seniority was fixed w. e. f. August, 1989. On the other hand respondent No. 4 joined CPWD as Assistant Engineer in Electrical and Mechanical stream of engineering in September, 1963. He was promoted to the post of Executive Engineer. Thereafter he was promoted to the post of Superintending Engineer in April, 1976. Respondent No. 4 was further promoted to the post of Chief Engineer (Electrical) and his seniority was fixed w. e. f. 6th January, 1987. There had been a see-saw change in the inter-se se






















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