Shafi Mohd. vs Central Administrative Tribunal,Allahabad & Ors.

Petitioner filed a claim petition before Central Administrative Tribunal claiming seriously against one Sri Rakesh Kumar Srivastava and Sri Purshottam Das. The Central Administrative Tribunal dismissed the claim petition on 1771997, hence the present writ petition.

We have heard Sri A.S. Diwekar counsel for the petitioner and Sri S.C. Srivastava, Counsel for respondent. Sri Purshottam Das has not been made party in the writ petition. According to counsel for petitioner he does not wish to challenge the finding regarding Sri Purshottam Das recorded by Tribunal below. He has confined his claim only against Sri Rakesh Kumar Srivastava. Counsel for the petitioner submits that in panel dated 14121987 name of Sri Rakesh Kumar Srivastava was not there and as such he cannot claim seniority over the petitioner. Respondents have filed counteraffidavit. In paragraph 13 of this counteraffidavit it has been stated that in the screening Sri Rakesh Kumar Srivastava was also screened and his name could not be included in panel dated 14121987 and was included by the order dated 9101990. After inserting his name it was higher than the petitioner. In view of this Sri Rakesh Kumar Srivastava is senior than the petitioner. The petition has not merit. It is accordingly dismissed.