ORDER

Per S.K. Sinha, A.M:- Aggrieved with the order of Joint Commissioner, CGST and Central Excise, Ranchi Zone , Patna (Respondent No. 3) dated 13.01.2020 (Annexure-) rejecting the request of applicant for reviewing the seniority of Stenos Grade - II and conducting Review DPC of Stenos Grade - II to Stenos Grade - I and Inspector, the applicant has preferred this OA. The applicant has prayed to quash the impugned order and to direct the respondents to declare a fresh seniority list from the date of his appointment in Ranchi Zone on ICT basis in accordance with the DoP&T OM dated 03.07.1986.

2. OA raises the issue of relative seniority of officials appointed on transfer. The applicant had joined CGST & Central Excise Department, Ahmedabad Zone on 29.06.2009 as Stenographer Grade-III (later designated as Stenographer Grade-II) and later in 2012, he applied for Inter-Commisionerate Transfer (ICT) to Ranchi Zone. Chief Commissioner, CGST & Central Excise, Ranchi Zone approved the cases of applicant and some other officials in the same rank for ICT and issued the select list on 20.06.2013 (Annexure A/2).

The applicant, who figured at sl. no. 10 in the select list, joined CGST & CX, Ranchi Zone on 29.07.2013. Respondent Nos. 6, 7 and 9 appearing in the list at Sl. No. 2, 12 and 7 respectively joined Ranchi office on 10.07.2013, 15.07.2013 and 31.07.2013. A seniority list of Stenographer Grade II as on 31.12.2013 was prepared by the respondents’ department in which those appointed on ICT basis were assigned the seniority in accordance with the date of joining.

Subsequently, Respondent nos. 6 and 7 were promoted as Stenographer Gr. I (Group B non-gazetted) on ad-hoc basis on 23.01.2014 and 12.05.2014 respectively. They figured higher in the seniority list prepared as on 31.12.2013. On 03.06.2019, Assistant Commissioner (CCO), CGST & Central Excise, Ranchi Zone (Respondent No. 4) forwarded revised seniority lists of Stenographer Gr. II and Stenographer Gr. I as on 01.01.2019 (and corrected up to

15.05.2019) to the Addnl./Jt. Commissioner, CGST & CX of different units under Ranchi Zone for uploading on official website. In the revised seniority list Respondent No. 9 was placed above the applicant though he had joined Ranchi Zone two days after the applicant and was also below the applicant in the initial seniority list.

The forwarding lettermentioned that the seniority had been revised as per the guidelines laid down in the DoPT OM dated03.07.1986.

Information obtained under RTI subsequently by applicant revealed that the applications for ICT in Ranchi zone, Patna were decided on the principle of ‘first in first out’. The applicant submitted several representations to the Principal Chief Commissioner, CGST and CS, Ranchi Zone, Patna requesting to restore his seniority and conducting review DPC for his promotion to the post of Stenographer Gr. I and Inspector Grade in accordance with the provisions ofDoPT OM dated

03.07.1986.Joint Commissioner, CGST and CX, Ranchi Zone vide communication dated 13.01.2020 rejected the applicant’s representation holding that there was no statutory provision to follow any mechanism for accepting applications of ICT.

3. The applicant has pleaded that the respondent authorities were required to fix relative seniority of Stenographers Grade II appointed on ICT basis as per the respective order of selection in accordance with the DoPT OM dated 03.07.1986. The initial seniority list drawn in terms of the date of joining was not in accordance with the DoPT OM. Because of erroneous seniority list prepared in violation of the statutory guidelines, applicant claims to have been deprived of due promotion(s)for no fault or lacuna on his part.

4. Official respondents have filed Written Statement and supplementary Written Statement maintaining that the cadre controlling authority has the sole discretion to accept the Inter-

Commissionerate