Seniority for government employees must be determined from the date of appointment, not the initiation of recruitment, as upheld in relevant Supreme Court decisions.

JUDGMENT :

SHREE CHANDRASHEKHAR, CJ.

In these writ petitions, the order dated 15th March 2024 in Original Application No. 991 of 2022 passed by the Central Administrative Tribunal, Mumbai Bench (in short, Tribunal) has been challenged. In OA No.991 of 2022 filed by Ashwani Kumar Anand and 10 other promotee Inspector (Examiner), co-employees Deepak Kumar, Deepak Keshri, Nitesh Chaudhary and Pasula Sravan who are the direct recruit Inspector (Examiner) were arrayed as the respondent nos.5 to 8. In the said OA, a challenge was laid to the seniority list dated 7^th December 2021 and paragraph no. 7(iii) of the DoPT Office Memorandum (in short, OM) dated 13^th August 2021. The seniority list dated 7^th December 2021 was challenged primarily on the ground that the departmental Authority ignored the decision in “K. Meghachandra Singh”, [K. Meghachandra Singh and Others v. Ningam Siro and Ors” (2020) 5 SCC 689] and assigned seniority to the aforementioned four co-employees from a back date. The following reliefs were sought by them : -

“(a) This Hon’ble Tribunal may graciously be pleased to call for the records and proceedings which led to the issuance of impugned Seniority List dated 07.12.2021 i.e. Annx. “A1” and Para 7(iii) of the impugned DOPT Office Memorandum dated 13.8.2021 i.e. Annx. “A2” and after going through its propriety, legality and constitutional validity be pleased to quash and set aside impugned orders i.e. impugned Seniority List dated 07.12.2021 i.e. Annx. “A1” and Para 7(iii) of the impugned DOPT Office Memorandum dated 13.8.2021 i.e. Annx “A2” and accordingly order and direct the Respondents to interspace and rotate the Applicants for the purpose of seniority with the Direct Recruits SSC Batch joined in the Recruitment/Vacancy Year: 2016- 2017 and persons who have joined after 31.3.2017 should be rotated and placed only in the vacancy year 2017-2018.

(b) This Hon’ble Tribunal may graciously be pleased to hold and declare that Pra 7(iii) of the DOPT Office Memorandum dated 13.8.2021 are illegal and wrong and accordingly Order and direct the Respondents that as the seniority for the Recruitment Year 2015-2016 and 2016-2017 had not been determined and finalized till 19.11.2019 the same would be governed by the law laid down in the case of K. Meghachandra and Ors vs. Ningam Siroh and Ors. (2020) 5 SCC 689 i.e. dated 19.11.2019 and further declare that no Direct Recruits can get seniority from the date he was not borne/joined in the cadre/service.

(c) This Hon’ble Tribunal may graciously be pleased to hold and declare that persons joining after the Applicants in the post of Inspector (Examiner) cannot be placed and granted Seniority over the Applicants to prepare a proper and legal Seniority list granting and fixing Seniority only from the date when a person has joined the Respondent Department on the post of Inspectors (Examiners) and accordingly place them in appropriate Vacancy and Recruitment Year for the purpose of Seniority.

(d) Any other and further orders as this Hon’ble Tribunal may deem fit, proper and necessary in the facts and circumstances of the case.

(e) Cost of this Original Application be provided for.”

2. In its order dated 15^th March 2024, the Tribunal noted that the seniority list for the post of Inspector (Examiner) qua the direct recruits and promotees who were parties before the Tribunal was not finalized till 19^th November 2019. The Tribunal noted the objection raised on behalf of the private respondents that the applicants did not lodge any objection to the draft seniority list dated 11^th November 2021 and held that inter se seniority of the applicants and the