ORDER
Mukesh Kumar Gupta, Member (J)
1. By this application, applicant seeks direction to respondents to promote him as Helper Safaiwala in grade of Rs. 2650-4000/- from the date his junior Shri Gaje Singh had been promoted with all consequential benefits, including back wages, costs, etc.
2. Facts as stated are that he was appointed as Safaiwala on 16.05.1970 under DRM, Northern Railway, New Delhi. In 2002 he came to know that Gaje Singh was drawing higher salary, i.e. Rs. 3720/- in comparison to him as Rs. 3475/-. Therefore, he made representation highlighting such anomaly, followed by reminders. In the meantime, respondents issued seniority list dated 09.08.2004, which did not include his name. On perusal of said list, it came to his notice that Gaje Singh was further promoted to grade of Rs. 2650-4000/- w.e.f. 21.02.2000. In such circumstances, he made further representation highlighting arbitrary and discriminatory approach of respondents, which remained unconsidered.
3. Ms. Meenu Mainee contended that applicant has been made to suffer financial loss without any justification. Gaje Singh is junior to him, as he was appointed on 19.12.1971 in comparison to applicant, who had been appointed on 16.05.1970. Respondents committed mistake in promoting Shri Gaje Singh over-looking his just and reasonable claim. Despite representations, the respondents did not rectify the mistake of promoting junior and ignoring senior.
4. Respondents contested the claim laid and stated that applicant, while working as Safaiwala in Medical Department made a request for mutual exchange with Karamvir, Safaiwala working in Sanitary Department on 26.03.2000. Both employees accepted bottom seniority as per extant rules for mutual exchange and as per written consent. Moreover they were from different cadres, i.e. medical & sanitary respectively. Their request for mutual exchange was accepted vide DPO letter dated 10.05.2000. Since date of appointment of Karamvir was 01.10.1978, and he was junior to applicant, applicant was assigned seniority vice Karamvir, which was circulated on 22.11.2000. Gaje Singh was appointed as Safaiwala on 19.12.1971, promoted to grade of Rs. 200-250/775-1025/2610-3540 w.e.f. 01.08.1982 and further promoted to grade of Rs. 2650-4000/- w.e.f. 20.02.2002. He was senior to applicant in the year 2000 when transferred to Medical Department from Sanitary Department. The seniority of Medical/Sanitary departments are distinct and separate and based on Department to which they are posted. Applicant was posted as Safaiwala Jamandar in the grade of Rs. 2650-4000 w.e.f. 01.11.2003 under restructuring as per his seniority.
5. In additional affidavit filed, respondents made further revelation to the effect that applicant, who was initially appointed in 1970 in Medical Department while Gaje Singh was appointed in 1971 in Commercial Department. Applicant was transferred on his own request at bottom seniority from Medical to Commercial Cadre in 1988. Since 1982, he was not working in Commercial Department to which he was transferred in 1988 and, therefore, there was no question of comparison of his case with Gaje Singh. In 1997 he again got himself transferred from Commercial Cadre to Medical cadre at his own request, which was accepted vide APO letter dated 10.12.1997. Yet again in 2000, he got mutual transfer from Medical Cadre to Commercial Cadre with one Shri Karamvir at their own request at bottom seniority.
6. We heard learned Counsel for the parties and perused the pleadings as well as the original Service Book of applicant.
7. On perusal of original Service Book, facts revealed vide additional affidavit are found to be fully corroborated. We may further note that contents of additional affidavit have not been refuted by filing rejoinder. Perusal of above would show that he has been transferred not once but thrice on mutual request, firstly in the year 1988, secondly in 1997 and thirdly in 2000 and on all these occasions, he had to accept, in terms of rules in vogue, the bottom seniority. It is an admitted fact that applicant and Gaje Singh at the initial stage itself belong to different and distinct cadres which maintain their separate seniority list. Therefore, in our considered view, applicant cannot seek comparison with Gaje Singh for any purpose including seniority. We may note with concern that applicant had not disclosed full and correct facts in the application.
8. Finding no merits, OA is dismissed. No costs.