IMPORTANT POINTS
In selection for promotion seniority would become relevant only when the merit of the candidates is equal.
Court cannot sit in appeal over classification given by experts of the selection committee.

JUDGMENT

R. Banumathi. J.

These appeals arise out of the impugned judgment dated 17.04.2008 passed by the High Court of Madras in Writ Petition No.33696 of 2007 in and by which the High Court set aside the order of the Tribunal and directed the appellants and Union of India (DoPT) to convene a Selection Committee Meeting for reviewing the promotions made to the Indian Administrative Service (IAS) for the year 2004 and promote the first respondent herein to the IAS from the date when his juniors were promoted with all the consequential benefits.

2. Brief facts which led to filing of these appeals are as under:-

A meeting of the Selection Committee for promotion to the IAS of Tamil Nadu Cadre for the year 2004 was held on 18.12.2004 against three vacancies as determined by the Central Government. The name of the first respondent was considered by the said Committee along with the names of respondent Nos.4 and 5. The position in the Eligibility List (EL), Selection List (SL) and the overall relative assessment (ORA) as assigned by the Selection Committee in respect of the first respondent vis-a-vis that of the officers included in the Select List are as under:-

3. Aggrieved by his non-appointment to the IAS, the first respondent filed OA No.749 of 2006 before the Central Administrative Tribunal (CAT), Madras Bench. The said application was dismissed by the Tribunal vide order dated 31.08.2007 holding that the first respondent's name was included by the State Government in the list of officers eligible for consideration for the year 2004 and accordingly, the Selection Committee considered the first respondent's ACRs and made a relative assessment of all the officers under consideration. The Tribunal pointed out that the Selection Committee makes its own assessment on the basis of entries made in the various columns and after discussion within the Committee, finally arrives at a classification "Outstanding", "Very Good", "Good" and "Unfit" to be assigned to an officer. Finding no irregularity by the Selection Committee in making the relative assessment, the Tribunal dismissed the application filed by the first respondent. The first respondent then filed review application in RA No.27 of 2007 in OA No.749 of 2006 seeking review of the Tribunal's order dated 31.08.2007 and the said review petition came to be dismissed by the Tribunal vide order dated 03.10.2007.

4. Aggrieved by the dismissal of his application, the first respondent filed writ petition in WP No.33696 of 2007. The High Court held that the Tribunal by its order dated 26.06.2002 directed for fixation of the first respondent's seniority in the cadre of District Revenue Officer; but the seniority of the first respondent was not refixed within a reasonable time by the State Government and the first respondent's seniority was refixed vide G.O.Ms. No.924 dated 05.09.2005 with a long and unexplained delay of 39 months which is unfair and thus, has caused much prejudice to the first respondent since in the meantime his juniors namely respondent Nos. 4 and 5 were promoted to the IAS. The High Court also held that as per Regulation 5(5), the classification of an individual by the Selection Committee is very crucial and for the year 2003, the overall assessment of the first respondent had been adjudged as "Very Good" by the Committee; whereas the overall assessment of the first respondent pertaining to