Seniority depression for delayed joining on own request upheld per rules; claims barred by delay, non-joinder; no parity with dissimilar cases; statutory rules govern over equity claims.

ORDER 

Hon’ble Mr. Rajinder Kashyap, Member (A):

Since the issues involved in the present Original Applications are identical and arise out of a common set of facts, with the consent of the learned counsel appearing for the parties, both the O.As. are taken up together and disposed of by way of this common order. For the sake of convenience and clarity in the narration of facts and adjudication of the issues involved, with the consent of the learned counsel for the parties, O.A. No. 539/2023 is treated as the lead case and the facts therein are being referred to for the purpose of this common order.

2. By filing O.A. No. 539 of 2023 under Section 19 of the Administrative Tribunals Act, 1985, the applicant is seeking the following reliefs:

"i. Direct the respondents to consider the case of applicant for refixing his AGMUT inter se seniority to 2002 Batch considering that similarly circumstances officers were granted exemption from attending the foundational course in the year 2002 as the exemption was granted to a trainee officer of 2007 batch and as such be further pleased to hold and declare that the Applicant was entitled for fixation of his seniority in the year 2002, when the Applicant was appointed to Indian Forest Service.

ii. This Hon'ble Tribunal be pleased to quash and set aside the seniority list published on 06.07.2022,qua the Applicant and thereby direct the Respondents to refix the seniority of the Applicant to the year 2002, when the Applicant was allotted to Indian Forest Service and thereby grant the Applicant all other consequential benefits in terms of salary, promotion, upgradation of pay-scale etc.

iii. Direct the respondents to decide the representation of applicant; and iv. pass any other order which this Hon'ble Tribunal deems fit and proper in the facts and circumstances of the case."

2.1 By filing O.A. No. 354/2018 before the Jodhpur Bench of this Tribunal, which was transferred to this Principal Bench of this Tribunal and numbered as O.A. No. 278/2024, the applicant has sought the following reliefs:-

"(i) by an appropriate order or direction, the impugned order dated 09.09.2018 passed by the Secretary, Ministry of Environment, Forest & Climate Change whereby the representation of the applicant for re-fixation of inter-Se- Seniority has been rejected illegally and arbitrarily (Annexure-A/1), may kindly be declared illegal and same may kindly be quashed and set aside and;

(ii) By an appropriate order or direction, the Inter-Se-Seniority of the applicant may kindly be re-fixed to the batch of 2002 instead of 2003 and consequently he may be allowed all the subsequent benefits as per his re-fixed Seniority in accordance with law.

(iii) Any other appropriate order or direction which this Hon'ble Tribunal may deem fit just and proper in the facts and circumstances of the case may kindly be passed in favour of the applicant.

(iv) That the costs of this application may be awarded to the applicant."

FACTS OF THE CASE (O.A. No. 539/2023)

3. Facts of the case, as stated by the applicant, are that in July 2001, the UPSC invited applications for the Indian Forest Service Examination, 2001 for appointment to the Indian Forest Service against a total of 33 Vacancies. The applicant appeared and qualified the said Examination, as is evident from Indian Forest Service Final Result, 2001 (Annexure A-2). Subsequently, the appl