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2022 Supreme(Del) 1740

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
S. P. Singh – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
None., for the Petitioners; Mr. Padma Kumar S., Advocate., for the Respondents No. 3, 64 & 82

JUDGMENT

1. The present writ petition is arising out of order dated 07.07.2008 passed in O.A. No. 1063/2007 by the Central Administrative Tribunal, Principal Bench, New Delhi. The Petitioners have prayed for quashment of seniority list dated 18.09.2006/ 23.11.2006 of the Assistants. The facts of the case reveal that the substantive vacancies for the post of Assistant in the Armed Forces Headquarters (hereinafter referred as 'the Department') were meant to be filled by two categories of appointees namely - direct recruits (Also referred as "DRs") and departmental promotees (Also referred as "DPs"). While preparing the seniority list of assistants in the department, the direct recruits were considered to be substantively appointed from the date of their initial appointment, whereas the departmental promotees were deemed to be substantively appointed only from the date of their confirmation after clearing the probation period, and not from the date of their initial appointment/promotion. Thus, for the purpose of calculating their relative seniority, the departmental promotees were denied the benefit of serving the probation period. The lis before us has been brought by the aggrieved de

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