Judgment

G.B. Pattanaik, J.-These three appeals are directed against the same judgment of Central Administrative Tribunal, Ernakulam Bench, one by the Union of India, and the others by the affected employees who were the direct recruit Assistant Engineers in the Telecommunication Wing of the Government of India. The inter se seniority between the direct recruits and the promotees to the post of Assistant Engineer during the period 1969 till 1976 was the subject matter of consideration before the Tribunal, on an application being filed by a promotee challenging the seniority list of the Assistant Engineers dated 20th June, 1994 as well as the provisional seniority list of Executive Engineers dated 25th November, 1994. The Tribunal by the impugned judgment has quashed the seniority list of Assistant Engineers and has directed to re-draw a fresh seniority list without importing any quota/rota rule for the period prior to 9.9.1976.

2. Admittedly, the post of Assistant Engineer in the erstwhile Civil Wing of Posts and Telegraphs Department now nomenclatured as Telecom­munication Department was being filled up only by direct recruitment. There was an statutory rule governing the service conditions of these Assistant Engineers. In 1969, a set of rules was framed whereunder it was provided that the 50 per cent of the vacancies in the post of Assistant Engineer will be filled up by direct recruitment and 50 percent by promotion from amongst the Junior Engineers. The draft rules thus framed in the year 1969 was ultimately approved by the Government and became a statutory rule under Article 309 of the Con­stitution on 21st February, 1976. But even before the rules were final­ly approved and became a statutory rule on 21st February, 1976 on being approved by the competent authority the vacancies in the post of Assistant Engineer continued to be filled up both by direct re­cruitment as well as by promotion on 50:50 basis by virtue of an administrative decision. Thus the provisions in the draft rules by virtue of an administrative decision continued to be applied in the matter of recruitment to the post of Assistant Engineer. As the rules were in a draft stage, promotion of the Junior Engineers to the post of Assistant Engineer was being made on ad hoc basis. After the rules were approved on 21st February, 1976 and the ad hoc promotion was regularised by order dated 20th of March, 1978 in the cadre of Assist­ant Engineer. At the time of regularisation of the aforesaid promotees a departmental promotion committee was constituted which committee screened the cases of all such ad hoc promotees and then drew up the merit list for being regularised and the seniority of such promotees inter se was drawn up on the basis of their respective position in the merit list prepared for regularisation. The aforesaid decision of the Government was challenged by some of the promotees who were brought down in the merit list before the Central Administrative Tribunal Ernakulam Bench, claiming thereunder that their continuous service in the rank of Assistant Engineer should be the basis for their seniority amongst the promotee Assistant Engineers. The Tribunal accepted their claim. It may be stated here that in the aforesaid proceedings before the Central Administrative Tribunal the direct recruits between the period 1969 till 1976 were not parties nor the question of inter se seniority between such direct recruits and the promotees were under consideration. The Government, however, drew up the seniority list, in respect of those Assistant Engineers who were recruited between 1969 till 1976 and those who were promoted from the post of Junior Engi­neers between the said period on the basis of administrative decision, to promote to the extent of 50 per cent as contained in the draft rule following the Government Memorandum dated 22nd December, 1959. The aforesaid principle on the basis of which the inter se seniority of the direct recruits and promotees bet