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2024 Supreme(Online)(CAT) 16259
CENTRAL ADMINISTRATIVE TRIBUNAL
Dr. Lata Baswaraj Patne, J, Mr. Varun Sindhu Kul Kaumudi, ACJ
Lanka Sai Sekhar, Gorli Seetarami Naidu, Rimmalapudi Sai Surya Prasad, Antervedi Ravinder Singh, Nagaraja Savarala, Duggirala Srinivasareddy, Giridhar Swarangi, Kalyandurg Sateesh Kumar, Vennelakanti Manoj Kumar, Kolanupaka Vinod Kumar, Ayyadevara Venkata Gopala Krishna Murthy, Lagusani Madhusudhan Goud, Sunil Kumar Kasula, Kadiyala Rama Seshu Shankar, Subhas Chandra Bose Bhandaru, Gangaraju Sreenivasa Satyanarayana, Sudheer Kumar Cheeti, Pulicharla Damodar, Vejju Srinivasa Kishore Rayalu, Fredrick Anthony Cooper, Kothapally Raji Reddy, Valluru Kamalaseena, Koppisetty Jagan Mohan, Alumpadom Moni Mathews, Viswanadham Uppuganti, Siddamreddy Seetha Rami Reddy, Jampula Kalpana, Gaddam Naveen Reddy, Pasala Mohan Vamsi, Yanamandra Sreenivasa Murthy, Vennamaneni Srikanth Rao, Pamarti Murali Krishna, Madala Rudra Deva Varma, Madamraju Karunakara Srinivasa Murthy, Rizwanul Hasan, Pavuluri Samba Siva Rao, Araveeti Venkata Narasimham, Kanamarlapudi Ravi Kiran, Andaluri Venkata Subrahmanya Mallikharjuna Rao, Kandula Sreenivasa Reddy, Naraharisetty Giri Venkata Ramalakshmi, Chilakala Rama Rao, Patturu Veeranna, Gottemukkala Venkata Venugopala Raju, Boppudi Venkata Veerabhadra Rao, Sarva Sri Chandra Bhanu Sarma, Syed Junaid Salik, Velamuri Venkata Lakshmi Narasimha Rao, Anantha Ramaswamy, Kancherla Durga Venkata Naga Srinivas Kumar, Sreerama Murthy Athota, Rajasekhara Rao Tekale, Tangirala Venkata Sathyanarayana Sreedhar Kumar, Chavali Devayani, Mandalaneni Srinivasa Rao, Peri Chakrapani, Gande Venkateshwarlu, Mittapalli Srinivas, Vodapalli Viswanadha Srikanth Dev, Addepalli Rajasekhar, Mannava Jaipal, Sujit Srikantan, Ballem Joel Pradeep Kumar, Achanta Ramesh Kumar, Ananth Gopalakrishnan Timiri, Gururajan Venkata Ramana, Vallu Srinivasulu, Kalangi Rudra Kanaka Venkata Naga Satya Radha Krishna Rao, Gatta Gokul Suresh Kumar, Doctor Mohammed Ilyas, Padala Veerabhadra Sri Sailendra Kumar, Konduru Srinivas, Nandipati Srinivas, Rajendra Kumar Mylavaram, Bollapragada Srinivasa Rao, Sasirekha Sista, Balaji Thiruvenkatachari, Matta Virgil Jeevan Roy, Guddeti Manjula, Dokka Geetha Padmaja, Gangireddy Narendra Reddy, Akula Veera Satya Venkata Ramana Ravi Babu, Konduru Sivananda Kumar, Ayyadevara Venkata Ramana Murthy – Appellant
Versus
The Union of India, Ministry of Finance, Department of Revenue – Respondent
O.A./1969/2024
For the Appellants/Petitioners: B. Vijay Kumar
For the Respondents: Ms. B. Gayatri Varma, Sr. CGSC
The application of the 'Catch-up Rule' in seniority and promotion matters is mandated to uphold constitutional safeguards against discrimination.
Headnote:In this proceeding, the applicants requested the declaration of the impugned Superintendent Seniority list as illegal, arguing that the Respondents failed to apply the Catch-up Rule in promotions, contravening Articles 14 & 16 of the Constitution. The Tribunal directed the Competent Authority to consider the applicants' representations against the Final Seniority List and provide a reasoned order. The OA was disposed of with directions.
| Table of Content |
|---|
| 1. legality and application of promotional policies. (Para 1) |
| 2. review of administrative responses to applicants' representations. (Para 2 , 3) |
| 3. final decision to dispose the case. (Para 4) |
ORAL ORDER
(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)
By this OA, applicants sought the following relief:
“……to declare the impugned Superintendent Seniority list Vide C.NO. II/34/12/2024 CON.SEC Date:28.02.2024 issued by Respondent No.5 And the act of the Respondents in not applying the Catch up Rule / Principle while providing the reservation in the matter of promotion to the post of Superintendent and also in the post of consequential Assistant Commissioner as contemptuous and illegal acts of the Respondents, which is absolutely against the Law as laid down by the Hon'ble Supreme Court of India in the case of M. Nagraj followed by U.P. Corporation , S. Panneerselvam r/w Jarnail Singh and Himanshu Verma case and not only the Respondents continued to act in an unconstitutional manner but also their inaction to implement/apply the catch-up principle /Rule as illegal, arbitrary, violates the Principles of Natural justice and violative of Article 14 & 16 as guaranteed by the Constitution of India and consequently direct the respondents to consider the representations of the Applicants by conducting appropriate revised Zonal seniority list in the post of Superintendent and also in the post of consequential Assistant Commissioner based on seniority/merit by following the Catchup Rule/Principle and pass such other order or orders as this Hon'ble Court shall deem fit and proper in the circumstances of the case.”
2. When matter has been taken up for consideration, learned counsel for the applicants submits that the applicants have submitted their representations individually long back from 2022 onwards and raised the objection to the draft seniority list dated 30.11.2022. Learned counsel for the applicants submits that if the direction has been given to the competent authority among the respondents to consider their representations in accordance with law against the draft seniority for their detail objection within a stipulated time frame by this Tribunal, purpose of filing the OA will be fulfilled by considering the similar issue in this Tribunal in OA/1903/2024 vide order dated 20.10.2024.
3. In view of the submissions made by the parties, though it is mentioned in the final seniority list dt.28.02.2024 that, all representations received in connection with the Draft Seniority List have been disposed of, no specific reasons were mentioned. Further, since the applicants’ representations against the Final Seniority List have not been considered by the respondents, the Competent Authority among the respondents is directed to consider the representations of the applicants dt. 22.08.2024, 27.09.2022, 06.10.2024, 07.10.2024, 09.10.2024 and 10.10.2024 dispose of the same by passing a reasoned and speaking order and communicate the same to the applicants. This exercise shall be completed within a period of three months from the date of receipt of this order. Ordered accordingly.
4. With the above direction, the OA is disposed of at the admission stage. No order as to costs.
