CENTRAL ADMINISTRATIVE TRIBUNAL GUWAHATI BENCH (Circuit Court at Shillong)

Original Application No. 043/00352/2018 Date of order: This, the 02nd day of May, 2024 HON’BLE SMT. URMITA DATTA SEN, JUDICIAL MEMBER HON’BLE DR. SUMEET JERATH, ADMINISTRATIVE MEMBER BETWEEN Shri Rakesh Ranjan Mishra, S/o Shri Sachchida Nand Mishra, Senior Translator Office of the Principal Accountant General(A&E), Meghalaya, Shillong - 793001.

…Applicants - V/s –

1. The Union of India, Represented by the Comptroller & Auditor General of India, 9 Deen Dayal Upadahaya Marg, New Delhi - 110124.

2. The Principal Accountant General(Audit), Meghalaya, Shillong - 793001. 3. Smti Mousumi Choudhury, Senior Hindi Translator, PAG (A&E), Assam, Beltola, Guwahati, Pin - 781022.

4. Sri Subash Chand Yadav, Senior Hindi Translator, Office of AG(A&E), Rajkot, Gujarat- 36001.

5. Sri Saurab Singh, Senior Hindi Translator, Office of AG(Audit), Tripura, P.O- Kunjaban, Agartala, Tripura, Pin -

799006.

… Respondents For applicant: Sri S. Nath For respondents: Sri S.K. Ghosh, Addl. CGSC ORDER(ORAL)

PER URMITA DATTA (SEN), MEMBER (J):

This matter has been taken up today by the Circuit Court at Shillong(Meghalaya).

2. The instant O.A. has been filed by the applicant praying for the following relief(s):

“8.1 to direct the respondent No. 1 to recast/revise the seniority list of Junior Hindi Translator and Seniority list of Senior Hindi Translator published vide letter 16.02.2018 and 14.03.2018 respectively, and to place the applicant above Smti Mousumi Dey, RL-1, both in the grade of Junior Hindi Translator as well as Senior Hindi Translator.

8.2 to direct the Respondents No. 1 to antedate promotion of the applicant to the grade of Senior Translator with effect from 01.01.2014 with notional seniority with effect from 01.01.2014 that is from the date of promotion of Smti Mousumi Dey, RL-1 of the same batch of recruitee (2009 Selection of SSC).

8.3 Costs of the application.

8.4 That the Hon’ble Tribunal be pleased to pass any other order or orders as it deem fit and proper.”

3. As per the applicant, he was initially selected with respect to the advertisement no. 1 of 2009—NER along with other seven persons published in the merit list and he was posted at Principal Accountant General(Audit), Meghalaya. Thereafter, he had received one reply dated 14.02.2018(Annexure-A/2) through RTI wherein private respondent no. 3 i.e., Smt. Mousumi Dey alias Mousumi Choudhury posted at Principal Accountant General(Audit), Assam, has been shown in reserved list no. 1. The applicant is basically aggrieved with the impugned seniority lists of Junior Hindi Translator and Senior Hindi Translator issued vide Circular dated 14.03.2018 wherein he has been placed below his juniors in merit position of the merit list of examination conducted by SSC for the year 2009. Further, as per the applicant, at the relevant point of time, the seniority and promotional avenue was on divisional/unified basis. Therefore, the issue related to seniority or promotion was not considered or appeared. However, subsequently, the respondents vide Order dated 09.11.2017(Annexure-A/10) unified the centralized list and a centralised Rajbhasa cadre was formed and seniority lists of Junior Hindi Translator, Sr. Hindi Translator and Hindi Officer was published, wherefrom it had been come to the knowledge of the applicant that private respondent no. 3 i.e., Smt. Mousumi Dey alias Smt. Mousumi Choudhary, who was lower in the merit list of the same examination was promoted to the post of Senior Hindi Translator w.e.f. 01.01.2014 along with other juniors who were appointed much after the applicant. Being aggrieved with, he made one representation dated 05.02.2018(Annexure-A/12). However, without considering his representation, the Assistant Comptroller & Auditor General(N) vide Communication dated 06.02.2018 (Annexure-A/13) issued the draft seniority list wherein the name of Smt. Mousumi Dey was figured in the list of Sr. Hindi Translator and the name of