Important Point
Eligibility and seniority are distinct, different and independent of each other.

Judgment

C.K. Thakker, J. —

1.The present appeal is filed by the Union of India & Ors. against the Judgment and Order passed by the High Court of Delhi on January 30, 2002 in Civil Writ Petition No. 6281 of 1999. By the said Judgment, the High Court confirmed the Judgment and Order dated April 30, 1999 passed by the Central Administrative Tribunal, Delhi (‘CAT’ for short) in Original Application No. 2146 of 1998.

2.To appreciate the issue raised in the present appeal, few relevant facts may be noted.

3.The respondents herein (applicants before CAT) filed Original Application against the action of the Central Excise and Customs Department of not considering their cases for promotion to the post of Upper Division Clerk (‘UDC’ for short) from the post of Lower Division Clerk (‘LDC’ for short). According to the applicants, they joined service in the Office of Central Board of Excise and Customs, Department of Revenue as LDCs. Applicant No.1 Deo Narain joined as LDC on June 11, 1962 (sic 1982). Applicant No. 2 Bijender Singh joined on September 9, 1986. Applicant No. 3-Nandan Singh joined on May 5, 1988 whereas applicant No.4-Ram Kishan joined on March 17, 1987. In accordance with the policy of Inter- Collectorate Transfers, they got themselves transferred to Meerut Collectorate. Consequent upon their transfer, they lost their seniority which they were having in the parent Department i.e. the Department where they were serving. They were placed at the bottom of the seniority list in the new Department at Meerut under the relevant rules and policy decisions. In view of their relatively lower position in the combined seniority list of LDCs, the applicants and other similarly placed LDCs in the seniority list, did not come within the zone of consideration for promotion to the post of Upper Division Clerk (UDC) in the year 1997-98. Hence, when the Departmental Promotion Committee (DPC) met for consideration of cases for promotion of LDCs as UDCs, in the light of position of the applicants in the combined seniority list, they were not included in the zone of consideration. Their cases, therefore, were not considered.

4.The applicants, hence, approached the CAT by filing Original Application challenging the action of their non-consideration and non-promotion from the post of LDC to the post of UDC on the ground of their placement in the seniority list. They contended that they had completed requisite service as LDC and their cases, therefore, ought to have been considered by DPC. Non consideration of their service on the basis of their position in combined seniority list was illegal, arbitrary and irrational. A relief was, therefore, sought to direct the authorities to consider the cases of the applicants for promotion to the post of UDC from the post of LDC.

5.The CAT, vide its Order dated April 13, 1999 allowed the application, directed the authorities to convene DPC for the year 1997 and consider the cases of the applicants as eligible LDCs for promotion to the post of UDC in accordance with law by taking into account their past regular service rendered as LDCs before their transfer to Commissionerate, Meerut. It also directed to take such action within a period of three months from the date of receipt of the copy of the Order.

6.The appellants herein, being aggrieved by the said Order, approached the High Court by filing a writ petition which as stated above, came to be dismissed by the High Court holding that there was no ‘merit’ in the petition and the Order passed and direction issued by the CAT could not be said to be illegal or contrary to law.

7.The above Orders are challenged by the authorities in the present appeal.

8.On May 6, 2003, the Special Leave Petition was placed for admission hearing. Notice was issued. On September 22, 2003, delay was condoned and leave was granted. By an Order passed by a Bench headed by the Hon’ble the Chief Justice of India, the appeal was Ordered to be placed for final hearing in summer vacation and tha