The main legal point established in the judgment is that the date of substantive appointment should be reckoned from the date of joining, and arbitrary revisions of seniority lists and promotions based on such revisions are against the law.

S. Ravindra Bhat, J.

1. The writ petitioners in W.P. (C) 5433/2007 (hereafter referred to as “departmental candidates”) and in W.P. (C) 5471/2011 (hereafter referred to as NCERT) challenge an order of the Central Administrative Tribunal (CAT) dated 23.04.2007 in OA 1479/2006.

2. The brief facts are that the applicant before the CAT (hereafter referred to as “Kotru”) joined the NCERT on 24.07.1995, on deputation. He had joined the Department of Telecommunication, Central Government in 1982 and had subsequently joined the NCERT on deputation as a Senior Accountant. Sometime in 1995, the NCERT invited applications from amongst eligible candidates for recruitment to the post of Senior Accountant. Kotru, who was working on deputation, sought for absorption. This request was, however, declined by the NCERT on 16/18.12.1997. The ground for rejection was that there was no ‘provision’ in the Recruitment Rules of the Council for the absorption of a deputationist. Later, however, NCERT added that “However, he may compete in the test of Senior Accountant against the post which are to be filled through open recruitment”.

3. In these circumstances, Kotru applied and was granted permission from his parent department, i.e., the Central Government to compete in the direct recruitment quota in NCERT. He made the request on 23.01.1998; the Central Government permitted him to appear in the test by its letter dated 19.02.1998. At this stage, it may be mentioned that the post of Senior Accountant in the NCERT is filled up to the extent of 75% from amongst departmental candidates (departmental quota) by selection on the basis of Limited Departmental Competitive Examination. The 25% direct recruit quota is filled up through open competition. The qualification and experience prescribed for the post was that departmental quota candidates should have qualified in the examination for Junior Accountant and should have served for not less than three years as Junior Accountant in the NCERT; on the other hand, candidates applying in the 25% direct recruitment quota were required to possess a degree in Commerce or allied subjects from a recognized University and also have worked in a grade not below that of Rs.330-560 for at least three years. It is not in dispute that the Kotru was selected as against the 25% direct recruit quota; the departmental candidates who also competed at that time were, however, unsuccessful. Kotru was already working as Senior Accountant; he submitted his resignation to the Central Government which was accepted on 2.11.1999. The departmental candidates had, in the meanwhile, qualified for the Limited Departmental Competitive Examination for the 75% quota and were selected on 14.06.1999. They were appointed on 02.08.1999 and 20.09.1999 to the post of Senior Accountant. On 13/22.03.2011, the tentative seniority list of Senior Accountant in the pay scale of Rs.5500-9000 (pre revised Rs.1640-60-2900, before which it was Rs.500-900) was published. Kotru was shown junior to the departmental candidates as having been appointed w.e.f. 02.11.1999. He protested through a representation dated 12.04.2001 highlighting that since absorption had been denied in December, 1997 and he was advised to appear in the test for direct recruitment quota which he did successfully, his seniority ought not to be reckoned from 2.11.1999. In these circumstances, on 28.03.2003/22.04.2003, the NCERT issued a final seniority list, showing Kotru as senior to the departmental candidates with the remark that he was working w.e.f. 24.07.1995 in the NCERT. The Circular issued with the final seniority list (of 2003) stated inter alia as follows: -

“The request of Shri R.K. Kotru has been considered in consultation with the DoPT through the MHRD and in accordance with the advice of the DoPT, the seniority of S/Sh. S.N. Chaturvedi and Ravinder Kumar Kotru who was selected on 22.05.1998 has been fixed at Sl. No.9 & 10 in place of S/Sh. T.S. Bisht, K.L. Jain and