The retrospective application of seniority rules is impermissible, and seniority must be determined based on the rules in effect at the time of appointment.

ORDER

Delivered by Hon'ble Mr. Anjani Nandan Sharan, Member- (A)

Heard Shri Gaurav Gautam, learned counsel for the applicant and Shri Pankaj Srivastava, learned counsel for the respondents.

2. The instant Original Application has been filed by 15 applicants under Section 19 of Administrative Tribunal Act , 1985, who are working on the post of Divisional Accountant in different divisions of Uttar Pradesh.

3. The brief facts as narrated by the applicants in the instant original application are that the applicants were appointed on the post of Divisional Accountant on the basis of terms and conditions as mentioned in their appointment orders. They are aggrieved by the letter dated 25.02.2019 issued by the Assistant Comptroller and Auditor General (N) and the final seniority list dated 18.11.2020 whereby the applicants have been made junior to the persons, who were appointed in later years. The seniority of the applicants is governed as per paragraph 7.6 of the Manual of Standing Order (Administrative) (MSO (Admin.)) of 1991. As per para 7.6 inter se seniority of Divisional Accountants is to be decided on the basis of marks obtained by them in the Divisional Accountants Grade Examination. The applicants were placed at a senior position from respondent no.5 to 19 in the final seniority list of 2017, 2018 and 2019 but by virtue of impugned letter dated 25.02.2019, it has been decided that inter se seniority of direct recruits Divisional Accountants, whose offer of appointment has been issued prior to Headquarters letter dated 17.04.2017, is to be regulated in terms of paragraph 10.2.1 of MSO(admin.). In fact paragraph 10.2.1(i) provides that relative seniority of all direct recruits is determined by order in which they are selected for such appointment on recommendation of Staff Selection Commission or any other selecting authority. The impugned letter dated 25.02.2019 is contrary to paragraph 7.6 of MSO which governs inter se seniority of all Divisional Accountant as such preparation of impugned final seniority list dated 18.11.2020 is illegal defeating the legitimate right of the applicants for being promoted to the post of Divisional Account Officer Grade-II. Therefore, the applicants have filed this original application seeking following reliefs:-

“i) To set aside the impugned letter dated 25.02.2019 issued by Assistant Comptroller and Auditor General (N) whereby directives have been issued to regulate the inter se seniority of the direct recruit Divisional Accountants in terms of provisions contained in Paragraph 10.2.1(i) and the impugned final seniority list dated 18.11.2020 issued by Deputy Accountant General (Divisional Accountant Cadre Control) in which the applicants have been made junior to other Divisional Accountants like private respondent No.5 to private respondent No. 19.

ii) To issue order direction to the respondents to issue the seniority list of the Divisional Accountants working in different divisions of the state of Uttar Pradesh afresh strictly in accordance with the relevant rule, contained in Paragraph 7.6 of MSO (admn.) Volume I which determines the inter se seniority of all the Divisional Accountants.

iii) To issue order direction to the respondents to not to undertake further proceedings of promotion with respect to junior Divisional Accountants on the post of Divisional Account Officer Grade- Il as mentioned in the office order dated 19.10.2020 issued by Deputy Accountant General (Divisional Accountant Cadre Control) during the pendency of the present Original Application.

iv) Issue an order or direction in the appropriate nature which this Tribunal may deem fit and proper in the facts and circumstances of the case.

v) Award the cost of the original application to the applicant.”

4. As per the counter affidavit filed on behalf of the respondents the Divisional Accountants/Divisional Account Officers are employees of the office of answering respondents who discharge their duties in different divisions of Remitta