IMPORTANT POINT
The Tribunal was not right in giving directions to the appellants to determine the seniority of the promotees in their quota above the direct recruits vis-a-uis the order passed by Supreme Court in CA arising out of SLP (C) 14389/88 decided on 23.4.91. The Govt. of India had worked out the inter-se - seniority according to rota & quota principle in tune with the statutory Rules.

ORDER

Delay condoned. Impleadment is allowed.

2. Leave granted.

3. We have heard the counsel on both sides. The admitted facts are that the respondents are promotee-Extra Assistant Directors [Class III in Central Water Commission Engineering Class-1 Service. Rules were made w.e.f. October 15,1965. The Tribunal in the earlier litigation had found that V.P. Misra, Extra Asstt. Director was promoted on ad hoc basis on March 31, 1978 and he was required to be confirmed w.e.f. the date on which vacancy was available to him in the quota of promotes. It is not in dispute that vacancy had arisen in the quota of promotees on May 3, 1979 and he was fitted into that vacancy. While doing so, the appellants had applied the principle of rota and quota and determined inter-se-seniority of the promotees and the direct recruits. Consequently, the promotees were pushed down in the order of their seniority. That led to the second round of litigation. In the impugned order dated April 20,1995 made in O.A. No. 1050/94, the CAT at Delhi had directed the appellants to determine the seniority in the light of the directions issued by this Court in Civil Appeal arising out of SLP (Q No. 14389/88 on April 23, 1991 and the relevant rules applicable to the candidates. Since it created confusion in the implementation of the order, the appellants have come before us by special leave. The Tribunal in paragraph 5 has stated thus :

"We find substance in the submission of the learned counsel for the applicants that the intention of the judgment of the Supreme Court was to ignore the ad hoc period prior to the occurrence of vacancy. The continuous officiation period was, therefore, to count only from the date a vacancy in the promotees quota arose. This principle has not been observed while preparing the impugned seniority list, which, therefore, has to be quashed."

In ultimate paragraph 7, this was held thus :

"In view of the above, the Original Application is allowed and the impugned seniority list dated 19.1.1994 is hereby quashed. The administration shall redraw the seniority list taking into account the observations made."

4. The question, therefore, is what will be the principle applicable to the respondent and the direct recruits, in appeal arising out of SLP (C) No. 2293/96. It is not in dispute that as on May 3, 1979 the Rules applicable to the candidates were as under:

"5. Promotees

(i) The relative seniority of persons promoted to the various grades shall be determined in the order of their selection for such promotion :

Provided that where persons promoted initially on temporary basis are confirmed subsequently in an order different from the order of merit indicated at the time of their promotion seniority shall follow the order of confirmation and not the original order of the merit.

(ii) where promotions to a grade are made from more than one grade, the eligible persons shall be arranged in a separate lists in .the order of their relative seniority in their respective grades. Thereafter, the Departmental Promotion Committee shall select persons for promotion from each list upto the prescribed quota and arrange all the candidates selected from different lists in a consolidated order of merit which will determine the seniority of the persons on promotion to the higher grade.

Note : If separate quotas for promotion have not already been prescribed in the relevant recruitment rules, the Ministries/Departments may do so now, in consultation with the Commission wherever necessary.

6. Relative Seniority Of Direct Recruits And Promotees

The relative seniority of direct recruits and of promotees shall be determined according to the rotation of vacancies between direct recruits and promotees which shall be based on the quotation vacancies reserved for direct recruitment and promotion respectively in the Recruitment Rules."

A reading thereof would clearly indicate that the seniority of the persons promoted to the various grades