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2025 Supreme(Online)(CAT) 121
CENTRAL ADMINISTRATIVE TRIBUNAL
Mrs. Harvinder Kaur Oberoi, J, Dr. Sumeet Jerath, A
Manish Naiyyer – Appellant
Versus
Employees Providend Fund Organisation (epfo) – Respondent
O.A./3376/2023
Shri Gaurav Bhardwaj, Shri Ajit Sharma
The court ruled that the applicant, due to valid reasons for late joining, is entitled to antedated promotion and seniority based on merit, exempting him from certain regulations due to Scheduled Caste status.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Promotion - Antedating of promotion sought by applicant to the post of Regional Provident Fund Commissioner-II based on merit from the date of second DPC dated 20/02/2019 - Applicant's seniority was not fixed according to his rank due to late joining caused by medical issues and prior employment obligations - The court found that the applicant's case was exempt from certain regulations due to his Scheduled Caste status and that the offer of appointment had not lapsed - The court ruled that the applicant was entitled to antedated promotion with consequential benefits. (Paras 1, 16, 32, 40)
(B) Seniority - The fixation of seniority must be in accordance with the rank assigned by the selection authority, and the applicant's late joining due to valid reasons should not adversely affect his seniority position. (Paras 21, 31, 39)
(C) Non-joinder of parties - The court held that the applicant was not required to implead other parties as he was seeking implementation of rules rather than seniority over others. (Paras 34, 36)
ORDER
Hon’ble Mrs. Harvinder Kaur Oberoi, Member(J)
By way of the present Original Application, filed under Section 19 of the Administrative Tribunals Act 1985, the applicant is seeking relief of antedating of his promotion. The following relief has been sought:-
“A. Grant back dated promotion to the applicant to the post of regional provident fund commissioner - II in terms of the order of merit determining the seniority from the date of the second DPC dated 20/02/2019, when according to the order of merit the name of the applicant was to be necessarily considered for the promotion to RPFC - II.
B. To grant the applicant the consequential reliefs/benefits in terms of salary and other financial benefits pertaining to and in consonance with the promotion to RPFC-II and any / all other reliefs attached to the said retrospective and back dated promotion.
C. Grant any other relief with this Hon’ble Tribunal deem fit to pass in favour of the applicant and against the respondent authority. D. To grant the cost of the present litigation to the applicant.”
2. The facts, in brief, are that vide advertisement no. 51/12 dated 14.04.2012, the UPSC called for applications for recruitment to the post of Asst. Provident Fund Commissioner, in the office of the respondent. The applicant, being an aspirant, applied for the said post under the SC category. He participated in the selection process and was selected on merits. The applicant achieved 157th rank and was declared successful.
3. The applicant received the offer of appointment, delineating the terms and conditions, vide office memorandum dated 21.12.2013. Para 10 of the terms is relevant and the same is reproduced hereunder:-
“10. The candidate who is already employed should produce a valid relieving /discharge order from the last employer.”
4. On 24.12.2013 applicant acknowledged the offer of appointment and accepted the same. He however informed the respondents about his being in employment as under:-
“Through, this mail I will like to inform you that at present I’m working with Bank of Baroda as a Manager posted at Indore. As per stipulated condition at the time of joining the bank I’m required to serve the 3 months notice period before leaving the bank service. In consideration to this obligation, I have to serve the 3 month notice period to bank therefore, I request you to please inform me regarding joining and training scheduled for the post of APFC. So, that I could plan out my reliving from bank and other formalities accordingly.”
5. That on 27.05.2014 after formalities were successfully conducted, the respondent organization issued an office order No. HRM- II/A.10(157)2013/762/183 dated 27.05.2014, vide which the applicant was appointed and directed to report for duty to the Regional Provident Fund Commissioner, RO, Nizamabad on or before 27.06.2014. Further, the candidates who are already in service were directed to get themselves properly relieved and produce the documents of valid discharge. In para 3 of the appointment letter applicant was informed of the mode and method to be adopted by the respondents, while fixing seniority. The same is reproduced herein:-
“3. His seniority among other candidates selected by the Union Public Service Commission will be determined in accordance with the rank assigned by the Union Public Service Commission in the select list and further subject to the provision contained in the Employees’ Provident Fund Staff (Conditions of Service) Regulations, 2008 and Employees’ Provident Fund Staff (Fixation of Seniority) Regulation, 1989.”
6. On 15.07.2014 respondents issued a notice, granting an extension of time to join the service to all candidates till 31.07.2014. In order to get himself properly discharged applicant requested the respondent no. 1 organization vide his letter dated 18.06.2014, seeking an extension of the date of joining, requesting that he be allowed to join on or before 30.09.2014.
7. In August and September 2014 the applicant suffered severe
