Direct recruits cannot claim seniority over promotee officers unless their appointment precedes any seniority list determination.

ORDER

Hon'ble Dr. Sumeet Jerath, Member (A) :

M.A No. 1037/2015 :-

The instant M.A for joining together of parties in a single OA is allowed as all the applicants have a common cause of action and are seeking similar reliefs.

O.A No. 1132/2015 :-

The instant OA has been filed by thirteen applicants having common cause of action under Section 19 of the Administrative Tribunals Act, 1985 , seeking the following reliefs:-

"8.1 That this Hon'ble Tribunal may be graciously pleased to allow this application and quash the impugned orders dt. 5/8-1-2015, 28-1-2015 and 5-2-2015.

8.2 That the Hon'ble Tribunal may further graciously be pleased to declare that those who were not qualified for appointment to the post of Handicrafts Promotion Officers as per Recruitment Rules but were appointed in the lower posts in the feeder category for the post of Handicrafts Promotion Officers can not be placed over and above the applicants in the seniority list in case of merger.

8.3 That the Hon'ble Tribunal may further graciously be pleased to pass any other or further order as may be deemed fit and proper on the facts and circumstances of the case.

8.4 That the Hon'ble Tribunal may further be graciously pleased to grant costs against the respondents and in favour of the applicant."

2. The conspectus of the case as per the counsel of the applicants is that the applicants, holders of Master’s Degree were directly recruited through Staff Selection Commission as Handicrafts Promotion Officer in the year 2013 in the pay scale of Rs.5500-175-9000 (pre-revised). However, some Investigators along with persons of other categories which were merged in the cadre of Handicrafts Promotion Officers were recruited in the pay scale of Rs. 5000-8000(pre revised) minimum qualification for which is only a graduation with Mathematics or Statistics or Economics. According to the counsel, a seniority list dated 09.09.2013 was issued by the respondents whereby name of the applicants were reflected at Sl. No. 34, 35, 37, 38, 39, 40, 48, 50 and 52. However, some of the promote officers from the post of Investigators were shown senior to the applicants as Handicrafts Promotion Officers aggrieved by which, the applicants preferred representations one of which is dated 25.09.2013. Subsequently after a gap of two years, the respondent no.2 issued an order dated 05- 08.01.2015 whereby various existing posts namely Investigator, Incharge Training Officers, Store Supervisors, Mechanical Draftsman-cum-Laboratory Assistant [RD&TDC (TW)] Bangalore and Assistant Administrative Officer in the office of Development Commissioner (Handicrafts) were merged in the cadre of Handicrafts Promotion Officers. The said order has been alleged to be illegal and unjustified as the staff in those categories which were merged in the cadre of Handicrafts Promotion Officer were in the pre- revised scale of Rs.5000-8000 and were graduates only, with qualification lower than the qualification of Master Degree acquired by the applicants. Moreover, Masters Degree is the minimum qualification for the post of Handicrafts Promotion Officers. Thereafter, the respondents issued another tentative seniority list dated 28.1.2015 whereby the applicants were shifted below from Sl. No. 34 to 61 onwards and their subordinates who were appointed in the feeder category were interpolated above them making them senior to the applicants. Moreover, the applicants were not granted any opportunity of being heard before taking such decision. According to the counsel, the policy decision taken by the respondents to merge two categories is