Dheerender Singh Paliwal vs T. Jacob And Ors

V. Ajay Kumar, J

OA No.2492/2009 filed by the petitioner was disposed of by an order dated 09.12.2009, as under:-

"8. In this view of the matter, we direct the Respondent - UPSC to accept the application of the Applicant as complete. Since the Applicant has already been found to be meritorious enough to be selected for the post of Senior Scientific Officer in the FSL, the Respondent - UPSC would take further action in this matter on the basis of the result and by considering the Applicant's application as full and complete. No costs".

When the Writ Petition filed by the respondents against the aforesaid order was allowed, the petitioner filed Civil Appeal No.4484/2016 before the Hon'ble Apex Court. The Hon'ble Apex Court, by its order dated 21.04.2016, allowed the said Civil Appeal of the petitioner and the operative portion of the same reads as under:-

"We are therefore convinced that the interference with the Order of the Tribunal by the Division Bench was uncalled for and accordingly while setting aside the impugned judgment of the Division Bench of the High Court, the Order of the Tribunal dated 9.12.2009 stands restored. The appeal is allowed. The appellant shall be appointed as Senior Scientific Officer as directed in the aforesaid Order and shall be granted all the benefits including restoration of the seniority as on the date of the appointment of any of his juniors in the said position pursuant to the selection made in the Advertisement dated 28.2.2009-6.3.2009. However, applying the principle of not having actually performed the duties of the Senior Scientific Officer, we hold that such conferment of benefits shall be made on notional basis without any monetary liability. Above directions shall be carried out within two weeks from the date of production of the copies of this order.

In the light of the judgment in Civil appeal, arising out SLP(C)No. 35442 of 2010, we dismiss SLP (C)Nos.5752 and 6380 of 2012".

In compliance of the aforesaid orders, the respondents vide their order dated 22.07.2016, appointed the petitioner to the post of Senior Scientific Officer (Biology) with effect from the date of joining of his junior, i.e., 26.10.2009 (Mrs. Poonam Sharma, Senior Scientific Officer, Biology in FSL Delhi). They have further placed the petitioner above said Mrs. Poonam Sharma in the seniority list of Senior Scientific Officer (Biology Division).

The petitioner filed the instant CP alleging that his junior, Mrs. Poonam Sharma and certain other juniors were promoted to the post of Assistant Director (Biology) and the same is a clear contempt of the orders of this Tribunal, as upheld by the Hon'ble Apex Court.

Heard Shri Anil Singal, learned counsel for the petitioner and Shri R.V. Sinha, learned counsel for Respondent No.1 and Ms. Sumedha Sharma, learned counsel for respondents No.2 and 3 and perused the pleadings on record.

This Tribunal, while allowing the OA No.2492/2009, directed the respondents-UPSC to take further action on the basis of the result and by considering the petitioner's representation as full and complete. The Hon'ble Apex Court while allowing Civil Appeal of the petitioner, further directed the respondents that the petitioner shall be appointed as Senior Scientific Officer and shall be granted all the benefits including restoration of the seniority as on the date of appointment of any of his juniors in the said position pursuant to the selection made in the advertisement dated 28.02.2009-06.03.2009. However, it was directed that the conferment of the said benefits shall be on notional basis. Accordingly, the respondents have appointed the petitioner as Senior Scientific Officer (Biology) with effect from the date of his joining of his immediate junior, i.e., 26.10.209 and placed the petitioner in the seniority list of Senior Scientific Officers above all his juniors. The said action is in full compliance of the orders of this Tribunal, as upheld by the Hon'ble Apex Court. The promotion to the post of Assistant Director was not an issue either in the OA or in the Civil Appeal. The alleged promotion of certain juniors of the petitioner to the post of Assistant Director is a fresh cause of action and cannot be termed as a contempt of the orders of this Tribunal.

In the circumstances and for the aforesaid reasons, the CP is dismissed and notices are discharged. However, the petitioner is at liberty to avail his remedies in accordance with law with regard to any other cause of action including promotin of any of his juniors to the post of Assistant Director, if so advised, in accordance with law.

Pending MA, if any, stands disposed of.