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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Ram Nagina Prasad – Appellant
Versus
Union of India – Respondent
JUDGMENT
Suresh Kumar Kait, J. The above captioned first and second petitions [W.P.(C) 5259/2019 & W.P.(C) 8454/2019] have been preferred by the petitioners seeking issuance of a writ of certiorari for quashing of order dated 09.01.2019 in O.A.639/2016 passed by the learned Central Administrative Tribunal, Principal Branch, New Delhi (henceforth referred to as the "Tribunal").
2. The above captioned third petition [W.P.(C) 8616/2019] has been preferred by petitioner-Union of India seeking quashing of order dated 09.01.2019 in O.A. 4700/2015 passed by CAT.
3. Since challenge in these petitions is to common impugned order dated 09.01.2019 passed by the Tribunal, therefore, with the consent of learned counsel for the parties, these petitions were heard together and are being disposed of by this common judgment.
4. The background of these petitions, as spelt out in W.P.(C) 5259/2019, is that Central Secretariat Clerical Service (`CSCS.) in the Central Secretariat has two grades of posts viz. Junior Secretariat Assistant (JSA) and Senior Secretariat Assistant (SSA) and is governed by CSCS Rules, 1962. That is the only feeder cadre for Central Secretariat Service (`CSS.) which includes
The main legal point established in the judgment is that promotions granted based on the O.M. dated 03.05.2012, which extended the Select List Year 2003 of UDCs, indicated a fair method of filling up....
Eligibility for promotion under conflicting recruitment rules must prioritize service years and proper seniority lists as determined by precedent.
The Tribunal correctly held that approved service for LDCE appointees starts from January 1 of the examination year, not the anticipated vacancy year, ensuring compliance with the Armed Forces Headqu....
The court reaffirmed that temporary or ad-hoc promotions do not confer seniority rights, emphasizing strict adherence to statutory rules for public service appointments.
Promotions in service are effective only from the date granted, not retrospectively, unless explicit rules allow such actions.
Seniority assigned to any employee could not be changed after a lapse of 7 years, though even on merit it was found that seniority of the petitioner therein had correctly been fixed.
The seniority of candidates appointed from the Reserve List does not rank senior to the candidates initially recommended/appointed in terms of the first recommendation of the UPSC, as they possess hi....
Seniority in service is a statutory right determined by established merit lists, with waiting list candidates lacking rights to precedence over those appointed from the main list.
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