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2025 Supreme(Online)(CAT) 10712
CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. Anil Kumar Ojha, Mr. Pankaj Kumar, JJ
Sri Sandeep Kumar Patel – Appellant
Versus
Union of India – Respondent
Original Application No.332/00527/2022
For the Appellants/Petitioners: Shri Vipul Gupta
For the Respondents: Smt. Prayagmati Gupta, Shri Praveen Kumar
The court ruled that applicants appointed under previous rules must be prioritized in seniority over promotees appointed under new rules that excluded direct recruitment methods.
Headnote:(A) Development Commissioner (Handicrafts), (Assistant Director, Marketing and Service Extension Centre) Recruitment Rules, 1982; Development Commissioner (Handicrafts), (Assistant Director, Marketing and Service Extension Centre) Recruitment (Amendment) Rules, 1993; Ministry of Textiles, Office of the Development Commissioner (Handicrafts), Deputy Director (Handicrafts), Senior Assistant Director (Handicrafts) and Assistant Director (Handicrafts) (Group ‘A’ and Group ‘B’ Gazetted Posts) Recruitment Rules, 2017. (Paras 2.2, 9.4)
(B) Seniority Determination - The principle of seniority between direct recruits and promotees should respect the method of recruitment established by the specific rules governing the cadre and cannot be disregarded based on procedural delays. (Paras 9.4, 9.6)
(C) Examination of Distinctive Features - The peculiar rules of recruitment for Assistant Director (Handicrafts) necessitate unique consideration of seniority, as the new rules instituted a direct recruitment method allowing lower seniority for those recruited under prior rules. (Paras 8.1, 9.8)
Facts of the case:
The applicants, having been recruited under previous rules, sought the quashing of a seniority list that ranked promotees who were appointed after their recruitment. The case involved an intricate debate on the validity and enforcement of recruitment rules over varying appointment methods for the cadre.
Findings of Court:
The court found that the applicants, appointed under the previous recruitment framework, should be deemed senior to those promoted under the new rules which eliminated direct recruitment.
Issues: The primary issue was whether the applicants’ seniority could be determined by the 2017 recruitment rules without the inclusion of direct recruitment methods.
Ratio Decidendi: It was determined that since direct recruitment methods were excluded in the revised rules, this anomaly necessitates the applicants’ seniority to be above newly promoted officers under those rules.
Result: The application is disposed of with a directive to revise the seniority list accordingly, prioritizing applicants over officers promoted under the 2017 Rules.
| Table of Content |
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| 1. identification of the applicants. (Para 5) |
ORDER
Per Hon’ble Mr. Pankaj Kumar, Member-Administrative
In this case relating to seniority, the applicants seek following reliefs:
“(i) That the impugned seniority list of cadre of Assistant Director (Handicrafts) in the office of the Development Commissioner (Handicrafts) as on 01.01.2020 circulated vide Circular No. A-12025/4/2012/ Admin/87, Government of India, Ministry of Textiles, Office of the Development Commissioner (Handicrafts) on 03.01.2020 (Annexure A-1 to this application) be set aside and quashed and the respondents may be directed to re-determine the seniority list of the cadre of Assistant Director (Handicrafts) in the office of Development Commissioner (Handicrafts) within a reasonable time as fixed by this Hon'ble Tribunal and to give an opportunity of personal hearing to the applicants working in the aforesaid cadre on regular basis.
(ii) That this Hon'ble Tribunal may be pleased to pass such other and further orders as this Hon'ble Tribunal may deem fit and appropriate in the facts and circumstances of the case.
(iii) That the cost of the present original application be awarded in favour of applicants and against the respondents.”
2.1 The issue which falls for our consideration in this OA is regarding the seniority of applicants appointed through direct recruitment vis a vis private respondents no. 3 to 7 who have been appointed on promotion in the cadre of Assistant Director (Handicrafts).
2.2 The cadre of Assistant Director (Handicrafts) was initially governed by the Development Commissioner (Handicrafts), (Assistant Director, Marketing and Service Extension Centre) Recruitment Rules, 1982 (1982 Rules, hereafter). These recruitment rules were amended through the Development Commissioner (Handicrafts), (Assistant Director, Marketing and Service Extension Centre) Recruitment (Amendment) Rules, 1993 (1993 Rules, hereafter) notified on 10.06.1993.
2.3 Under the 1993 Rules, the number of posts of Assistant Director (Handicrafts) was 51 (subject to variation dependent on workload), 75% of which was to be filled by promotion (failing which by transfer on deputation) and remaining 25% by transfer on deputation (failing which by direct recruitment) in terms of column 11 of the Schedule appended thereto extracted below:
“11. Method of rectt. whether by direct rectt. or by promotion or by deputation/transfer & percentage of the vacancies to be filled by various methods
(i) 75% by promotion failing which by transfer on deputation,
(ii) 25% by transfer on deputation failing which by direct recruitment (emphasis supplied)
2.4 In September, 2012, the respondents sent requisition to the Union Public Service Commission (UPSC, hereafter) for filling up nine posts of Assistant Director (Handicrafts) by transfer on deputation, but only one candidate could be recommended by UPSC in November, 2013 for appointment on deputation. The respondents, then, decided to fill the remaining eight posts of Assistant Director (Handicrafts) under the 25% quota by direct recruitment and sent requisition to UPSC in June, 2016. The UPSC recommended the applicants for appointment vide their letter dated 20.07.2017 and the respondents issued letters of appointment to the applicants pursuant to which they joined the post of Assistant Director (Handicrafts) in the months of November and December, 2017.
2.5 In the meantime, the respondents convened a meeting of the Departmental Promotion Committee (DPC, hereafter) on 16.05.2016, which recommended 13 officers for promotion to the post of Assistant Director (Handicrafts) under the 75% quota and the officers recommended by the DPC joined the post of Assistant Director (Handicrafts) in the months of May and June, 2016.
2.6 Another development took place during the process of recruitment of the applicants in that the respondents notified on 12.06.2017 new recruitment rules titled the Ministry of Textiles, Office of the Development Commissioner (Handicraft
