On the question of balance of convenience, the learned counsel would submit that if the impugned seniority list is not suspended, it might lead to preparation of fresh panels for regular appointment of Engineer-in-Chief in which case, the petitioner’s interest would be jeopardised. The petitioner indisputably belongs to Schedule Tribe category and he is certainly entitled to the benefit under Article 16(4A) and Article 16(4B) of the Constitution of India as well as executive instructions issued by the Government in G.O.Ms.No.5 dated 14.02.2003 (no statutory rule) conferring special benefits in the matter of promotions to the candidates belonging to the reserved classes. This must dispel any fears in the mind of the petitioner and the likes of him. Nonetheless to safeguard the interests of the petitioner, we deem it appropriate to observe that even though the impugned seniority list is not suspended by the Tribunal, during the pendency of the O.A., it shall have no effect on the petitioner’s position as to his seniority list, which was finalised earlier vide G.O.Ms.No.314 dated 29.11.1994 and G.O.Ms.No.129 dated 17.09.2004 or his position as Engineer-in-Chief (in charge), as long as he is not subjected to any disciplinary enquiry. This observation, in our considered opinion, would safeguard the interests of the respondents as well as the petitioner. As observed supra, the matter requires urgent disposal and we request the learned Tribunal to give priority and dispose of the matter by the end of July 2012.
