Determination of seniority must comply with Supreme Court rulings, emphasizing the significance of actual appointment dates over vacancy years, as retrospective seniority is not permissible.

JUDGMENT :

NAVIN CHAWLA, J.

REVIEW PET. 307/2025 & CM APPL. 29992/2025 in W.P.(C) 6694/2024

1. This review petition has been filed, seeking review of the judgment dated 25.03.2025 passed by this Court in the above Writ Petition, whereby the same was allowed with the following directions:

“12. In the present case, the impugned seniority list, has been issued by the respondents on 19.04.2023. The same therefore, has to be governed by the decision of the Supreme Court in K.Meghachandra Singh (supra).

13. Applying the above principle, retrospective seniority even before the personnel is born in the Cadre, cannot be granted. The impugned seniority list insofar as it determined seniority in violation of the said principal, is liable to be quashed.

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16. However, keeping in view that the reference is pending before the Larger Bench, we direct that the seniority list, which shall be redrawn by the respondents pursuant to our judgment, shall be subject to the outcome of the reference.

17. The respondents shall rework the Seniority List and publish the revised list after considering objections, if any, filed to a draft seniority list, within six months from today.”

2. Mr. Hegde, the learned senior counsel for the review petitioners, submits that this Court has failed to consider the O.M. bearing No.20011/2/2019-Estt.(D) dated 13.08.2021 issued by the Department of Personnel and Training (DoP&T), Ministry of Personnel, Public Grievances and Pensions, Government of India, explaining the effect of the judgment of the Supreme Court inK. Meghachandra Singh & Ors. v. Ningam Siro & Ors., (2020) 5 SCC 689 . He submits that in paragraph no.7 of the said O.M., the effect of the above judgment and the manner of its implementation has been explained by the Government of India, as under:

“7. Based on the above, it has been decided to modify the instructions relating to determination of inter se seniority between promotees and direct recruits as under:

(i) DoPT's O.M. No. 20011/1/2012-Estt.(D) dated 4.3.2014. issued in pursuance of Order dated 27.11.2012 in N.R. Parmar case, is treated as non-est/withdrawn well 19.11.2019.

(ii) As the Order dated 19.11.2019 is prospective, cases of inter se seniority of direct recruits and promotees. already decided in terms of O.M. No. 20011/1/2012-Estt.(D) dated 4.3.2014, shall not be disturbed. i.e. old cases are not to be reopened.

(iii) In case of direct recruits and promotees appointed/joined during the period between 27.11.2012 and 18.11.2019 and in which case inter se seniority could not be finalised by 18.11.2019, shall also be governed by the provisions of O.Ms. dated 7.2.1986/3.7.1986 read with OM dated 4.3.2014, unless where a different formulation/manner of determination of seniority has been decided by any Tribunal or Court.

(iv) For cases where the recruitment process has been initiated by the administrative Department/Cadre Authority before 19.11.2019 and where some appointments have been made before 19.11.2019 and remaining on or after 19.11.2019, the inter se seniority of direct recruits and promotes, shall also be governed by the provisions of O.Ms. dated 7.2.1986/3.7.1986 read with OM dated 4.3.2014 to ensure equal treatment of such appointees.

(v) For recruitments initiated on or after 19.11.2019 as well as for future recruitments, in addition to cases where the recruitment process has been initiated by the administrative Department/Cadre Authority before 19.11.2019, but where alt appointments, subsequent to the initiation of recruitment process, could be made only on or after 19.11.2019 i.e. date of order of Apex Court, the inter se seniority of direct recruits and promotes shall