CIVIL WRIT JURISDICTION CASE No.9012 OF 2008 -------- In the matter of an application under Article 226 of the Constitution of India. ---------- 1. Union of India represented through Engineer-in-Chief, Army Headquarters, Kashmir House, New Delhi 2. Chief Engineer, Central Command Lucknow 3. Chief Engineer, Western command, Chandimandir 4. Garrison Engineer, Danapur Cantt, Patna 5. Assistant Garrison Engineer, (Independent) Military Engineer service, Bihta, Patna Respondents- Petitioners-Petitioners Versus 1. Shatrughan Thakur , MES No. 466558, UDC, son of late Prabhu Thakur working in the office of AGE (I) Bihta under Chief Engineer, Central Command Lucknow 2. Harendra Singh MES no. 157395 UDC son of late Devi Singh working in the office of garrison Engineer, Danapur Cantt, Patna 3. Ram Kumar Singh, MES No. 43632, UDC, son of Sidhi Nath Singh working under Chief Engineer, Central Command Lucknow 4. Manwendra Kumar Singh MES no. 4325420 UDC son of late Trigunanand Singh working in the office of Garrison Engineer, Danapur Cantt, Patna 5. P.K.Nag, MES no. 407089 UDC son of DDK Nag working in the office of Garrison Engineer, Danapur Cantt, Patna 6. Krishna Kumar Nurula. Army no. 3666376 UDC working in the office of Chief Engineer, Western Command , Chandimandir 7. J.C. Kalia MES no. 168211 UDC working in the office of Chief Engineer, Western Command , Chandimandir 8. Karan Singh. Army no. 2898958 UDC working in the office of Chief Engineer, Western Command , Chandimandir 9. Kabir Singh Yadav. Army no. 1091286 UDC working in the office of Chief Engineer, Western Command , Chandimandir 10. Jagdish Singh. UDC working in the office of Chief Engineer, Western Command , Chandimandir Respondents-Respondents- Respondents -------- For the petitioners: Ms Rakesh Kumar Singh Central Govt. Counsel For the respondents: Mr M.P. Dixit, Advocate -------- P R E S E N T THE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH THE HON'BLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ---------- Heard learned counsel for the parties. - 2 - 2. Petitioners have challenged order dated 31.08.2005 passed by the Central Administdrative Tribunal, Patna Bench, Patna whereby O.A. No. 892 of 2003 has been disposed of with certain directions in paragraph 5 of the impugned order which is as follows: “The inter se seniority has to be decided after notice to all those who are likely to be affected. We find that only five individuals have been arrayed as respondents. Therefore, an exercise has to be under taken by the controlling authority, i.e. Engineer-in-Chief, Army Headquarters in accordance with the rules of recruitment, instructions issued by the Department of Personnel from time to time and our observations made above in the body of the judgment, after due notice to the applicants and all others who are likely to be affected. Personal hearing may also be granted. Thereafter a speaking order shall be passed. This exercise shall be completed within four months from the date of receipt of a copy of the judgment.” 3. On behalf of the petitioners, an attempt was made to show that the issue of appointing authority is not in dispute. On the basis of the averments made in paragraph 8 of the writ petition, it was submitted that prior to 07.01.1974 the Engineer-in-Chief was the appointing authority but actual appointment was made by the Chief Engineer Command and post 07.01.1974, the power of appointment of LDCs has been vested in Chief Engineer command vide letter dated 07.01.1974. On that basis, it was submitted that the recruitment to the post of LDC is made on command basis and hence their seniority is also maintained command wise. 4. From the order of the learned Tribunal, it is evident that the Tribunal was not satisfied with the inconsistent plea taken by the respondents to meet the grievance of the applicants that the basis of the seniority after promotion from LDC to UDC at each command - 3 - level are arbitrary and defective because it disturbs the seniority determined on all India basis at the time of entry into level of LDC. It is admitted that while promotion from LDC to UDC is made at command level, subsequent promotion from UDC to the post of Assistant is made on All India basis. Such promotion is according to seniority and fitness. Because of inconsistent and unsatisfactory reply of the respondents, the Tribunal could not come to a definite conclusion and did not give any finding of is own but in order to give further opportunity to the authorities who were respondents before the Tribunal, the directions contained in paragraph 5 as noticed above were issued. Now it is for the authorities to pass a speaking order justifying their action so as to meet the grievance of the applicants. This exercise, in our view, does not adversely affect the petitioners herein so as to warrant our interference in writ jurisdiction. Hence we find no merit in the writ petition which is dismissed accordingly. 5. Learned counsel for the petitioners has pointed out a practical difficulty in following the direction contained in paragraph 5 of the impugned order. According to him it was practically not possible to give notice to all others who are likely to be affected and to grant them personal hearing before passing the speaking order. According to learned counsel requirement of natural justice would be satisfied by giving notice to the applicants and private respondents to O.A. if this court permits that they shall be treated to be parties in representative capacity also. 6. In the facts of this case, we find substance in the aforesaid - 4 - prayer of the petitioners. There shall be no obligation on the part of the petitioners to give notice to all others who are likely to be affected and to grant personal hearing to them. It may pass speaking order after giving notice and opportunity of hearing to the applicants and private respondents who shall be treated as parties in representative capacity also. The required order should be passed within the time indicated by the Tribunal but to be counted from today. (Shiva Kirti Singh, J) (Hemant Kumar Srivastava, J) The Patna High Court The 17th August, 2010 shahid/ NAFR