Candidates selected through the same competitive process are entitled to seniority based on merit rather than date of joining, especially when delayed appointment is solely attributable to the employer's wrongful actions, thereby ensuring equality under Articles 14 and 16.

1. Sudesh

Age 33 years

D/o Sh. Rampal Singh

R/o H. No. 228, Gali No. 2,

Ambedkar Nagar, Haidarpur, Delhi-88

2. Manish Mathur

Age 34 years

S/o Sh. Jaipal Singh

R/o H. No. 1055, V.P.O. Karala, Delhi-81

3. Bhupender Rana

Age 34 years

S/o Sh. Vir Bhan Rana

R/o H. No. 434 V.P.0. Khera Kalan

Delhi-82

4. Sandeep Antil

Age 35 years

S/o Sh. Atter Singh

R/o H. No. 660m V.P.O. Murthal,

Distt. Sonepat, Haryana-131027

5. Rohit Mathur

Age 33 years

S/o Sh. Ram Singh

R/o H. No. 1260, V.P.O. Karala,

Delhi-81

6. Lovely

Age 34 years

S/o Sh. Dharamvir

R/o Plot No -910, V. P.O Tikri Kalan

(Kalyan Pana) New Delhi - 110041

7. Sandeep Kumar

Age 37 years

S/o Sh. Jai Kishan

R/o H. No. 542, Piou Maniyari,

Narela Road, Kundli, Sonipat, Haryana-131028

8. Sandeep Kumar

Age 34 years

S/o Sh. Rakam Singh

R/o Vill Mukeshwra Post -Dattyana

Distt. Happur-245207

9. Pawan Khokhar

Age 34 years

S/o Sh. Randhol Singh

R/o H. No. 20/52, Daleep Vihar,

Gali No. 1, Near C.O. Office,

Baraut, Distt. Baghpat (UP)

... Applicants

(By Advocate : Shri Sachin Chauhan)

Versus

1. Union of India,

Through its Secretary,

Govt. of India,

Ministry of Personnel, Public Grievances & Pension,

Department of Personnel & Training,

North Block, New Delhi.-110001

2. Principal Director of Audit

(Industry & Corporate Affairs)

Through its Principal Director

Indian Audit & Accounts Department,

New Delhi-11002

3. The Dy. Director Admn.,

O/o the Principal Director of Audit,

Industry and Corporate Affairs,

New Delhi-110002

4. Comptroller and Auditor General

Through its Principal Director,

Office of Comptroller and Auditor General of India

Pocket-9

Deen Dayal Upadhyay Marg

New Delhi.

5. Staff Selection Commission,

Through the Chairman,

S.S.C.,

Block No-12, CGO Complex,

Lodhi Road, New Delhi -3

… Respondents

(By Advocate : Shri S.S. Hooda)

O R D E R

By Hon’ble Mr. Rajveer Singh Verma, Member (J) :-

1. The present Original Application has been filed by the applicants, nine in number, challenging the arbitrary action of the respondents in denying them seniority and consequential benefits at par with their batchmates of the Combined Graduate Level Examination, 2012 (CGLE-2012). They have filed this OA seeking the following relief(s) :-

“8.1 To quash and set aside the impugned order dated 7.10.2020 and to further direct the respondents to fix the seniority of applicants herein as Auditor alongwith their batchmates appointed pursuant to CGLE-2012 as per merit and fix their pay notionally from the date of joining of their batchmates in 2014 with all consequential benefits including seniority & promotion and pay & allowance. The applicants herein be also granted the arrears of pay & allowance from the date of joining of applicants herein subsequent to grant of notionally pay fixation at par with their batchmates.

Or/and

Any other relief which this Hon'ble court deems fit and proper may also be awarded to the applicant.”

2. Learned counsel for the applicants, narrating the brief factual matrix of the case, submitted that pursuant an advertisement issued by the Staff Selection Commission (SSC) in March, 2012, the applicants, being eligible, applied for the same and successfully cleared all stages of the selection process including written examination and skill test. However, despite being selected on merit along with other candidates of the same examination, the result of the applicants was withheld and a Show Cause Notice was