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O.A. No. 3321/2017

Central Administrative Tribunal

Principal Bench: New Delhi

O.A. No. 3321/2017

Friday this the 13^th day of January, 2022

Hon’ble Mrs. Harvinder Kaur Oberoi, Member (J)

Hon’ble Dr. Chhabilendra Roul, Member(A)

1. Medhavi Singh, aged 50 years,

S/o Sh. Virendra Singh, Working as Section Officer

in Ministry of Electronics & Information Technology,

R/o 583A, Sector 3, R.K.Puram, New Delhi.

2. Ms. Jacqueline Lall, aged -51 years,

D/o Late Shri John Simon Working as Section Officer,

Ministry of Electronics & Information Technology

R/o B-301, Nanak Pura, South Moti Bagh,

New Delhi-110021

3. Sanjeev Kumar, aged 53 years,

S/o Late Sh. Balraj Krishan,

Working as Section Officer,

Ministry of Electronics & Information Technology

R/o P-5A, 3Td Floor, Jangpura Extn.,

New Delhi-14.

…Applicant

(By Advocate: Mr. Yogesh Sharma)

Versus

1. Union of India

through the Secretary,

Ministry of Electronics & Information Technology,

Govt. of India, 6, CGO Complex,

Lodhi Road, New Delhi-110003.

2. The Joint Secretary,

Ministry of Electronics & Information Technology,

Govt. of India, 6, CGO Complex,

Lodhi Road, New Delhi-110003.

3. The Deputy Director(Pers.),

Ministry of Electronics & Information Technology,

Govt. of India, 6, CGO Complex,

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O.A. No. 3321/2017

Lodhi Road, New Delhi-110003.

4. Sh. Sandeep Kumar Ambasta,

Working as Section Officer,

Ministry of Electronics & Information Technology

Govt. of India, 6, CGO Complex,

Lodhi Road, New Delhi-11 0003.

5. Sh. Sushil Kumar Tyagi,

Working as Section Officer,

Ministry of Electronics & Information Technology

Govt. of India, 6, CGO Complex,

Lodhi Road, New Delhi-110003.

6. Smt. K. Bhanu Hariharan,

Working as Section Officer,

Ministry of Electronics & Information Technology

Govt. of India, 6, CGO Complex,

Lodhi Road, New Delhi-110003.

7. Smt. Ashma Gandhi,

Working as Section Officer,

Ministry of Electronics & Information Technology

Govt. of India, 6, CGO Complex,

Lodhi Road, New Delhi-110003.

…Respondents

(By Advocate: Mr. R K Sharma for Official Respondents and

Mr. S. K Gupta for private respondents)

Reserved on: 09.01.2023

Pronounced on: 13.01.2023

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O.A. No. 3321/2017

ORDER(ORAL)

The present OA is filed under Section 19 of the

Administrative Tribunals Act, 1985 seeking the following reliefs:

“(i) That the Hon'ble Tribunal may graciously be pleased

to pass an order of quashing the impugned seniority list

dt.4.9.2017 (Annex.A/1) and draft seniority list dt.3.8.17

(Annex.A/2) declaring to the effect that the same are

illegally, arbitrary and malafidel, and consequently pass

an order directing the respondents to fix the seniority of

the applicants above the private respondents and fix the

seniority of applicants as well as private respondents on

the basis of their date of promotion as Section Officer,

with all consequential benefits including promotion if any

on the basis of impugned seniority.

(ii) Any other relief which the Hon'ble Tribunal deem fit

and proper may also be granted to the applicant with the

cost of litigation.”

2.

The undisputed facts of the case are that the applicants are

presently working on the post of Section Officer in the Ministry of

Electronics & Information Technology. The Recruitment Rules(RRs)

governing recruitment to the post of Section Officer provide that

the same is to be filled 100% by way of promotion, out of which

50% by way of seniority and 50% by way of Limited Departmental

Competitive Examination. Applicants were appointed as Section

Officers by way of promotion by seniority by a duly constituted

DPC.

2.1 It seems no any departmental examination under the 50%

LDCE quota was held for the years 2011 to 2013 hence,

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O.A. No. 3321/2017

appointment to the said post during that period were only by way

of seniority-cum-promotion. As such, the present applicants were

promoted on the basis of their seniori