ORDER

Bidisha Baneriee, Judicial Member Ld. Senior Counsel Mr. A.K. Behera leading Mr. T.K. Biswas and Ld. Counsel Mr. S.K. Paul for the respondents (applicants in M.A.) were heard 2. This Miscellaneous Application numbered as M.A.350/194/2019 has been preferred to seek the following relief:-

"It is therefore most humbly prayed that your lordships may be graciously pleased to allow the M.A. vacating the interim order which was passed on 16.01.2019 in O.A.350/0066/2019 and pass necessary order as your Lordship may deem fit and proper for the interest of justice."

The application has been preferred due to the reason elucidated therein, as extracted hereunder with emphasis for clarity:- "That before service of the copy of the O.A. upon the Respondent Authority the matter wos moved before the Hon'ble Bench and considering the prayer of the applicant Hon'ble Tribunal was pleased to dispense with the service of the notice upon the Respondent Authority under the provision of the Rule ll(l)(Hi) of the CAT(Procedure) Rule and was further pleased to take up the hearing on the interim prayer and wos pleased to pass the order which is as follows:-

■ "5. In view of such, since the balance of convenience and or inconvenience is heavily tilted in favour of the applicants and judicial propriety demands that the respondents have to be restrained from going ahead with DPC without complying with the direction of this Tribunal by issuing appropriate seniority list of section officers, so long it is not reversed on appeal, we pass the following directions:

(ii) However, pending such clarification, the DPC scheduled to be held on 21st January, 2019 for considering the promotion of section officers to the post of Assistant Director/NP in the Intelligence Bureau for the vacancy year 2015-2016(SUPPL) supposedly for 53 vacancies as reported, would not be held till the next date of listing."

That the allegation of the applicant has been placed in such a manner as if the Respondent Authority are going ahead with the DPC proposal scheduled to be held on 21.01.2019 for promotion of the 5.0s who have been promoted in the vacancy year 2005-2006, which is barred due to pendency of the order passed by Principal Bench.

That two separate court cases O.A.No.47/2015 and 66/2016 were filed by Shri Shiv Charon and Charon Singh Chauhan respectively before Hon'ble CAT Allahabad, Circuit Bench, Nainital for refixation of their seniority. The Hon'ble Tribunal passed the interim order dated 18-08-2015 in O.A.No.47/2015 and stayed the regular promotion ofS.Os on the basis of seniority iist dated 09.06.2015. Thereafter UPSC was requested to convene a supplementary DPC 2015-2016 for promotion of 16 S.Os (14 of seniority year 2003-2004 and 2 of seniority year 2005-2006 figuring in seniority fist dated 15.07.2014(Part-i). Subsequently, Hon'bie CAT vide its judgment dated 27.02.2017 completely quashed the seniority list dated 09.06.2015 (part-ii). Having no order obtained till now in the appeal from the Hon'bie High Court against the said order of Hon'bie CAT, no regular promotion could be effected on the basis of the seniority list dated 09.06.2015(part-ii) and waiting to be resolved in the court of law. Hon'bie CAT passed another interim order dated 14.10.2015 in O.A.No.66/2016 and directed not to effect any regular promotion in the grade of AD/NP on the basis of the seniority list dated 15.07.2014{part-i), from amongst the promotes in the 60% quota of vacancy year 2005-2006, thereafter Hon'bie CAT vide its judgment dated 21.02.2018 quashed the seniority list dated 15.07.2014 (part-i) to the extent it pertains to the applicant and said applicantfSri Charon Singh Chauhan) was seeking seniority from the seniority from DPC 2005-2006. It automatically makes it clear that the seniority ofS.Os of DPC year 2003-2004 i.e. upto SI.No.27 in the seniority list dated 15.07.2014(Part-i) seems unaffected from the judgment passed by the Hon'bie Tribunals, hence, Department has decided to process