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2026 Supreme(Online)(CAT) 10140
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI
Sanjeeva Kumar, Administrative Member, Ajay Pratap Singh, Judicial Member
Basant Kumar And Ors – Appellant
Versus
Municipal Corporation Of Delhi (gnctd) – Respondent
O.A. No.2649/2026|M.A. No.3390/2026|M.A. No.3389/2026
For the Appellants/Petitioners: Ranjit Sharma
For the Respondents: Amit Sinha
A legal challenge to a provisional seniority list is premature if the administrative authority has invited objections and those objections are still pending consideration.
Headnote:The applicants invoked Section 19 of the Administrative Tribunals Act, 1985, challenging a provisional seniority list dated 01.04.2026. The applicants, serving as Sanitary Inspectors, sought to have their ad hoc service as Assistant Sanitary Inspectors counted towards seniority and their subsequent promotions treated as regular. The court found that the applicants had already submitted objections to the provisional list, which remained pending before the respondents. The primary issue is whether the challenge to the provisional seniority list is maintainable while objections are pending. The court reasoned that principles of natural justice require the competent authority to first consider and decide upon the pending representations by passing a reasoned and speaking order before the tribunal intervenes on the merits. present O.A. stands disposed of at admission stage itself in above indicated terms.
| Table of Content |
|---|
| 1. claims for reckoning ad hoc service for seniority and regularization of promotion. (Para 1 , 2 , 3) |
| 2. requirement of a reasoned and speaking order on pending objections as per natural justice. (Para 4 , 5 , 6) |
| 3. disposal of the original application at the admission stage. (Para 7 , 8) |
As Per: Hon’ble Mr. Ajay Pratap Singh, Member (J)
M.A./3390/2026 – Application for exemption.
1. In view of averments made in the M.A. – application for exemption is allowed being just an exception.
2. Accordingly, M.A./3390/2026 stands disposed of.
M.A./3389/2026 - Application for joining together.
Present O.A. has been filed by 3 applicants seeking common reliefs against common cause of action.
2. In view of averments made in the M.A., present M.A. for joining together is allowed and applicants are permitted to contest the case in this O.A.
3. Accordingly, M.A./3389/2026 stands disposed of.
O.A./2649/2026
By way of the present O.A., applicants working as Sanitary Inspectors have invoked jurisdiction of this Tribunal under Section 19 of Administrative Tribunals Act, 1985, seeking the following reliefs (as extracted from the O.A.) reads as under:-
“i. direct the respondents to fix the seniority of the applicants as Assistant Sanitary Inspector in the Department of Environment Management Services, M.C.D. taking into account their ad hoc service, quashing provisional seniority list circulated vide circular dt.1-04-2026 {ANNEXURE A1 Supra) and for direction to the respondents to treat the promotion of the applicants as Sanitary Inspector on ad hoc basis vide Office Order dt.9-02-2024 as regular promotion.
AND/OR
ii. pass such other order/s as may be deemed fit & proper.”
2. Learned counsel appearing for the applicants contended that applicants were promoted to the post of Assistant Inspector in the year 2003 on ad hoc basis whereas they have right for consideration for promotion on regular basis after 8 years of regular service as Safai Karamchari and all the applicants are entitled for reckoning the period of service rendered as ad hoc service at the post of Assistant Sanitary Inspector as regular service for the said post. Applicants have been promoted further on the post of Sanitary Inspector on ad hoc basis and respondents vide order dated 19.09.2024 regularized their services as Assistant Sanitary Inspector. The respondents have issued provisional seniority list of Assistant Seniority Inspector (regular) in unified MCD and by way of present O.A., applicants are seeking direction to the respondents to fix the seniority of the applicants as Assistant Sanitary Inspector taking into account their ad hoc service and set aside the provisional seniority list dated 01.04.2024 and treat the applicants promoted as Sanitary Inspectors vide order dated 09.02.2024 as regular promotion to the post of Sanitary Inspector.
3. Learned counsel appearing for the respondents, on advance notice, vehemently opposes the contention raised by the applicants and would submits that present O.A. is premature and not maintainable as respondents have challenged provisional seniority list of Assistant Sanitary Inspector in unified MCD and respondents have already invited objections from the applicants and objections dated 07.04.2026 (Annexure A-2 colly) have been submitted and at this stage, no prima facie case is made out. So also contended that the applicants were promoted to the post of Assistant Sanitary Inspector on ad hoc basis vide order dated 24.04.2003 and cause of action has arisen on 24.04.2003 and it is well settled in law that promotion on ad hoc basis does not confer legal right on the applicants for reckoning it as a regular service.
4. Heard at length. We have considered the matter. The present application has been filed challenging provisional seniority list dated 01.04.2026 of Assistant Sanitary Inspector (regular) in unified MCD. The impugned provisional seniority list dated 01.04.2026 of Assistant Sanitary Inspector (regu
