IMPORTANT POINT
Determination of seniority can be provided by Executive instructions if subject matter is not covered by statutory rules.

JUDGMENT :

Ashok Bhushan, J.

This appeal has been filed against the judgment dated 03.12.2014 of the High Court of Punjab and Haryana at Chandigarh dismissing the writ petition filed by the appellant as well as the order dated 24.02.2016 rejecting the Review Application No. 21 of 2016 filed by the appellant to review the judgment dated 03.12.2014.

2. Brief facts giving rise to the appeal need to be noted are:

Rules have been framed under proviso to Article 309 of the Constitution, namely, the Telecommunications Engineering Service (Group "B" Posts) Recruitment Rules, 1996 (hereinafter referred to as "Rules, 1996"). The post of Sub-Divisional Engineer is the post governed by the Rules, 1996. The post of Sub-Divisional Engineer is hundred percent promotional post. Junior Telecom Officers are eligible for promotion under two methods: (i) 75% on the basis of seniority-cum-fitness, (ii) 25% on the basis of departmental competitive examination. In the year 2000, the Telecommunication Department initiated the process for filling up of the vacancies "Post 1996-97". In the year 2001, the appellant was promoted as Sub-Divisional Engineer under the seniority-cum-fitness quota. The department announced the Limited Departmental Competitive Examination(LDCE)for promotion for the 25% quota for vacancies after 22.07.1996 which examination could be held on 01.12.2002. The department issued the promotion orders dated 26.04.2000 and 07.12.2001 for the officers promoted under the seniority-cum-fitness category for the vacancies occurring after 23.07.1996. The result of Limited Departmental Competitive Examination was declared on 15.12.2003. The appellant also appeared in the Departmental Competitive Examination held on 01.12.2001. The promotion order dated 26.05.2004 was issued for the promotion of LDCE successful candidates. The order contemplated that the seniority of these officers will be fixed as per Rules shortly. DPC was again conducted and promotions were made against the 75% category for the subsequent years 2001-02 and 2002-03 on 16.09.2004. The seniority list of Sub-Divisional Engineers was issued on 12.01.2005 which seniority list became the subject matter of the challenge in various Benches of Central Administrative Tribunal. In Central Administrative Tribunal, Chandigarh Bench, TA No.84-HR-2009, Dewan Chand & Ors. vs. Union of India was filed. Before Central Administrative Tribunal, Bombay Bench, TA No. 6 of 2009, S. Sadasivan vs. BSNL was filed. Before Central Administrative Tribunal, Ernakulam Bench, OA No. 16 of 2009, Thomas Zachariah vs. BSNL and OA No. 86 of 2009, V. Govindan vs. Union of India were filed. Chandigarh Bench of Central Administrative Tribunal decided TA No. 84-HR-20090 (Dewan Chand vs. Union of India) vide its judgment dated 25.08.2009. The Central Administrative Tribunal, Chandigarh allowed the Transfer Application. The applicants before the Tribunal were working as Sub-Divisional Engineers. The question raised was as to what would be the mode of fixation of seniority in TES Group 'B' between members of service who are appointed on the basis of seniority vis-a-vis those who enter the service after qualifying the Limited Departmental Competitive Examination. The Tribunal held that the seniority of the incumbents has to be determined on the basis of date of joining and not of the notional date of promotion. The applicants before the Tribunal belonged to the stream who were promoted under seniority-cum-fitness where few of the respondents who were impleaded before the Tribunal were those who were promoted Sub-Divisional Engineers vide order dated 26.05.2004 on the basis of Limited Competitive Departmental Examination. The Tribunal quashed the seniority list prepared by the department and directed for redrawing the seniority list on the basis of date of joining of the incumbents. In paragraph 17 following was directed

"17. In view of the above discussion, both these Original Applications are allowed. Orders/seniority lis