Prakash Singh vs Union Of India And Anr. on 3 June, 2016

2. The petitioner was appointed as a Senior Administrative Officer

(SAO), Grade-II in the Department of Defence Research and

Development, Ministry of Defence („DRDO‟ for short) on 30th April,

2004. His seniority viz. promotee officers, was fixed with reference to

his date of joining as SAO, Grade-II in the seniority list published by the
WP(C) 9580/2015 Page 1 of 32
DRDO on 1st June, 2004. The petitioner did not object to the seniority as

fixed predicated on his date of joining. In 2007, those senior to the

petitioner as per the seniority list dated 1st June 2004 were promoted to

the post of SAO, Grade-I.

3. On 19th September, 2013, the petitioner made a representation for

correction of his seniority and claimed consequential relief by way of

promotion to SAO, Grade-I with effect from 1st January, 2007. He relied

upon the decision of the Supreme Court in Union of India & Ors. Vs.

N.R. Parmar & Others, (2012) 13 SCC 340. By letter dated 20th

January, 2014 the petitioner was informed, inter alia, that the matter

regarding re-fixation of seniority and consequent promotion had been

referred to the Department of Personnel and Training for their advice,

which was awaited. The petitioner thereupon filed OA No.570/2014,

which was disposed of on 17th February, 2014 with a direction to the

respondents to dispose of the petitioner‟s representation dated 19th

March, 2013, relying on the decision in the case of N.R. Parmar (supra),

by a reasoned and speaking order.

Source: Indian Kanoon

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