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2025 Supreme(Online)(CAT) 9282
CENTRAL ADMINISTRATIVE TRIBUNAL
KUMAR RAJESH CHANDRA, RAJVEER SING VERMA, JJ
Sri Rajiv Kumar – Appellant
Versus
The Secretary, Dept of Personnel and Training, Government of India – Respondent
Original Application|MA No. 299/2025
For the Appellants/Petitioners: Sri M.P. Dixit
For the Respondents: Shri T.N. Thakur
Inter-se seniority between direct recruits and promotees must be fixed per DoPT OMs, with old cases not to be reopened; for pre-27.11.2012 joins the seniority should follow earlier rules; final 2023 lists are void ab initio and fresh seniority must be determined in consultation with DoPT.
Headnote:(A) DoPT/Office Memoranda and relevant laws cited: - DoPT OMs No. 22011/7/86-Estt
(D) dated 03.07.1986 and No. 35014/2/80-Estt
(D) dated 17.02.1986 setting out rotation of vacancies between direct recruits and promotees and the basis for seniority determined by quotas. (Quoted: "The relative seniority of direct recruits and of promotees shall be determined according to the rotation of vacancies between direct recruits and promotees which shall be based on the quota of vacancies reserved for direct recruitment and promotion respectively in the Recruitment Rules.") - DoPT OM No. 20011/1/2006-Estt
(D) dated 03.03.2008 (Consolidated instructions on seniority; clarified the scope of rotation and the year of availability). (Quoted: "The year of availability will be the vacancy year in which a candidate of the particular batch of selected direct recruits or an officer of the particular batch of promotees joins the post/service.") - DoPT O.M. No. 20011/1/2012-Estt
(D) dated 04.03.2014 (manner of determination of inter-se-seniority of direct recruits and promotees; treated as applicable guidance following Supreme Court guidance). (Quoted: "The manner of determination of inter-se-seniority of direct recruits and promotes would be as under: (a) DOPT OM No. 20011/1/2006-Estt.
(D) dated 3.3.2008 is treated as non-existent/withdrawn ab initio; (b) The rotation of quota based on the available direct recruits and promotees appointed against the vacancies of a Recruitment Year, as provided in DOPT O.M. dated 7.2.1986/3.7.1986, would continue to operate...; (i) The cases of seniority already decided with reference to the term 'availability' as contained in O.M. dated 7.2.86/3.7.86 may not be reopened.") - DoPT OM No. 20011/2/2019 Estt
(D) dated 13.08.2021 (modification of inter-se seniority instructions; withdrawal of earlier 2012/2014 guidance; retrospective vs prospective effect). (Quoted: "7. Based on the above, it has been decided to modify the instructions relating to determination of inter se seniority between promotees and direct recruits as under: (i) DoPT's O.M. No. 20011/1/2012-Estt.
(D) dated 4.3.2014, issued in pursuance of Order dated 27.11.2012 in NR Parmar case, is treated as non-est/withdrawn w.e.f. 19.11.2019. (ii) As the Order dated 19.11.2019 is prospective, cases of inter se seniority of direct recruits and promotes, already decided in terms of O.M No. 20011/1/2012-Estt
(D) dated 4.3.2014, shall not be disturbed. i.e. old cases are not to be reopened.") - DoPT OM No. 20011/1/2022 Estt
(D) dated 04.03.2014 and related clarification in 2021 order (para 7(ii)-(iv) and related provisions) governing cases initiated before/after 19.11.2019. (Quoted: "7-(ii) As the order dated 19.11.2019 is prospective, cases of inter se seniority of direct recruits and promotes, already decided in terms of OM No. 20011/1/2012-Estt
(D) dated 04.03.2014, shall not be disturbed, i.e. old cases are not to be reopened.") - Supreme Court/arbital guidance discussions (referenced in the DoPT memos): guidance regarding Parmar and Meghachandra judgments on inter-se seniority between direct recruits and promotees. - Final outcome in this judgment: the OA involves seniority in the Inspector Posts cadre in Bihar Circle; the tribunal relies on the above DoPT OMs and directs fresh determination of inter-se seniority in accordance with the older and current DoPT guidance, in consultation with DoPT.
(B) Key legal principles or points of law discussed: - (Quoted) "The relative seniority of direct recruits and of promotees shall be determined according to the rotation of vacancies between direct recruits and promotees which shall be based on the quota of vacancies reserved for direct recruitment and promotion respectively in the Recruitment Rules." - (Quoted) "The year of availability will be the vacancy year in which a candidate of the particular batch of selected direct recruits or an officer of the particular batch of promotees joins the post/service." - (Quoted) "The manner of determination of inter-se-seniority of direct recruits and promotees would be effective from 27.11.2012, the date of Supreme Court Judgment in Civil Appeal No. 7514-7515/2005..." - (Quoted) "As the order dated 19.11.2019 is prospective, cases of inter se seniority of direct recruits and promotes, already decided in terms of OM No. 20011/1/2012-Estt
(D) dated 04.03.2014, shall not be disturbed. i.e. old cases are not to be reopened." - (Quoted) "The inter-se-seniority of the applicants... should be determined on the basis of instructions contained in the relevant DoPT’s OMs by the competent authority... in consultation of the DoPT." - (Quoted) "The administrative Ministry/Department should publish the fresh seniority list to determine the appropriate seniority of the applicants." - (Quoted) "OA is allowed. No order as to costs."
(C) Important facts of the case (quoted details): - "There are eight applicants in this OA." - "The eight applicants had cleared the departmental examination to the Inspector Posts cadre and were appointed against the vacancy years 2007, 2008, 2009 & 2011." - "The post of Inspector Posts in the Department of Posts was being filled by the departmental examination from Postal Assistant having 5 years of service." - "Respondents issued the All-India Seniority list of Inspector Posts for the year 2007... by placing him at Serial Nos. 86" (and similar positions for others) and direct recruits were placed above the applicants in the final seniority list of 2023. - "In all such cases, counsel for applicants has stated that Junior Direct Recruited Inspectors ... flouting the provisions of OMs..." - "All the applicants were promoted and appointed as Inspector Posts during the period 21.06.2006 to 04.10.2012 and the said OM/guidelines would be effective from 27.11.2012; seniority lists 2023 were prepared under the guidance of the 2014 OM which the petitioners challenge as not applicable to their period of service."
(D) Main issues addressed by the court (how framed): - "The issues arise for our determination are as follows:- (i) As to whether the impugned seniority lists of 2023 for the post of Inspector Posts prepared on the basis of instruction contained in DoPT’s OM dated 04.03.2014 on subject of determination of inter-se-seniority of Direct recruited and promotees who had joined the post on or after 26th June 2008 but prior to 27.12.2012 is legally sustainable in view of para 7 of DoPT’s OM dated 13.08.2021? ; (ii) If answer to issue no (i) above is negative, then what should be a basis to determine the inter-se-seniority of Direct recruited and promotees Inspector of Posts for the said period? ; and (iii) What will be fate of the subsequent action, i.e. on the promotions made on the basis of the said seniority lists 2023, if the answer to issue no.1 is negative?" (E) Findings and reasoning (ratio decidendi): - (i) "All the applicants were appointed to the post of Inspector Posts during the period 26.06.2008 to 09.06.2012, i.e. prior to judgement dated 21.11.2012 passed by the Hon’ble Supreme Court in [the] NR Parmar’s case and also prior to OM dated 04.03.2014... Since the OM dated 03.03.2008 contained consolidated instruction derived from DoPT’s OM dated 07.02.1986 and 03.07.1986 thus these OMs may also be treated as non-existent/withdrawn ab initio." - (ii) "It is mentioned in the DoPT’s OM dated 04.03.2014 at para 5(h) that the principles would be effective from 27.11.2012..." - (iii) "Meaning thereby, if the respondents have timely finalized the seniority list... the question of determination of their seniority in accordance with DoPT’s OM dated 04.03.2014 does not arise" - (iv) "However, the respondents have remained slept over the matter and finally finalized the seniority of applicants in the year 2023" - (v) The 2021 OM provisions summarized (including 7(ii)-(iv)) and their implications for pre- and post-2019 recruitments; and (vi) All applicants joined 2008-2012; final seniority in 2023; thus seniority should not be determined by 2014 rules for their period; (vii) inter-se seniority must be decided by the competent authority in consultation with DoPT in light of DoPT OMs. (F) Result (final decision): - "The impugned final seniority lists published in 2023 are hereby set aside as the same is void ab initio, wherein the inter-se-seniority of applicant vis-à-vis direct recruits has been determined." - "The inter-se-seniority of the applicants, i.e. promotees and direct recruits should be determined on the basis of instructions contained in the relevant DoPT’s OMs by the competent authority of the administrative department on the basis of their administrative prudence and in consultation of the DoPT." - "The competent authority should also take a conscious decision simultaneously in consultation of DoPT, on the promotions so made on the basis of such seniority lists 2023 which are hereby set aside." - "The administrative Ministry/Department should publish the fresh seniority list to determine the appropriate seniority of the applicants." - "The above actions should be completed within three months by the Respondents after receipt of certified copy of this order." - OA is allowed. No order as to costs. (G) Parties involved (concise): - Applicants (eight officials) v. Respondents (the Secretary, Department of Personnel and Training, Government of India; Union of India; Director General Posts; other DoP-related offices and personnel).
| Table of Content |
|---|
| 1. case caption and court designation (Para 1 , 2) |
| 2. applicants’ background and factual assertions (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. arguments and dopt policy references (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. written submissions and reliefs; (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 5. tribunal’s analysis of oms and parmar (Para 35 , 36 , 37 , 38 , 39 , 40 , 41) |
| 6. findings and formulation of ratio (Para 42 , 43) |
| 7. final order: oa allowed, no costs (Para 44) |
ORDER
Per:- Rajveer Singh Verma, Member [J]
1. Instant OA has been filed by the applicant for the following reliefs:
“i. To quash Annexure A5, Annexure A6, Annexure A7, Annexure A8, Annexure- A9, Annexure A10, Annexure A11, Annexure A12 and Annexure A13 to declare that said orders are not liable to be operated retrospectively unsettling the Seniority already settled and any attempt to grant seniority to the direct recruits from the year of examination by the Staff Selection Commission, is highly arbitrary and illegal.
ii. Direct the Respondent-3 to revise the All-India Seniority Lists strictly as per OMs Annexure-A2, A3, A4, A14 & A15.
iii. Direct the Respondent -3 to revise the promotion order issued vide Annexure A-17 as per revise All India Seniority lists finalized as per OMs Annexure-A2, A3, A4, A14 & A15
iv. Grant such other reliefs as may be prayed for and as the Court may deem fit to grant, and
v. Grant the cost of this Original Application.”
2. There are eight applicants in this OA. The brief facts of the case of the applicants as narrated by them in the OA are that they were working as Postal Assistant/Sorting Assistants at various divisions in Bihar Circle. The applicants no. 1 to 8 had cleared the departmental examination to the Inspector Posts cadre and were appointed against the vacancy years 2007, 2008, 2009 & 2011.
3. That the post of Inspector Posts in the Department of Posts was being filled by the departmental examination from Postal Assistant having 5 years of service. In the year, 2001 an element of direct recruitment in the ratio 2:1 between promotees and direct recruit was introduced by the department by offering the direct recruitment through Staff Selection Commission, i.e. 66.66% by promotion through LDCE and 33.33% through Direct Recruitment. That first batch of direct recruit Inspector Posts joined the Department after declaration of results by the Staff Selection Committee and completion of pre-appointment formalities from the year 2005 onwards.
4. That as per the provision under Rule 32 (A) of Posts & Telegraphs Manual Volume IV, (Annexure-A1) the Head of Circle is empowered to issue the Gradation List of Inspector Posts officers, which is reiterated as under-
"A Head of a Circle will publish once in two years, and issue copies of, to all offices concern, as also to the Director General, Circle Gradation List corrected up to 1st of July, in which the names and other particulars of the following classes of officials under his control will be shown in addition to statistical information regarding the various class of non-gazetted staff employed in the entire Circle, their sanctioned strength, scales of pay and allowances: -
(f) Inspectors of post offices and head clerk to Superintendents of post offices; and Inspectors, Railway Mail Service;"
5. It is stated that on introduction of direct recruitment element, the seniority was fixed by placing the direct recruits from the date of their entry to service in the Gradation list. The Seniority list in the cadre has to be finalized on all India basis. The said seniority list is the criteria for the placement into Postal Services Group B. As per the provisions of the DoPT OM No 35014/2/86-Estt(D) dated 07.02.1986, No 22011/7/86 (D) dated 03.07.1986 and No 20011/1/2006-Estt. (D) dated 03.03.2008 issued by Respondent No 1, it was envisaged that inter se seniority of direct recruits and promotes is to be fixed on the basis of the rotation of quota
