Retrospective seniority cannot be granted to an employee from a date when the employee was not yet borne on the relevant cadre, especially when such action adversely affects the seniority and rights of direct recruits who were validly appointed to the cadre in the intervening period.

C.A.V. Order

For sake of exposition, this Order is divided in following parts:-

1. Writ Petition

Challenge in the writ petition is to the order dated 26-10-2019 (Annexure P-1) passed by respondent No.2 by which respondents No. 4 to 6 have been given notional seniority with effect from 1-1-2013 on the post of Assistant Engineer and also the petitioners eventually seek to quash the seniority list dated 13-2-2020 (Annexure P-2) in which the private respondents No.4 to 6 have been shown senior to the petitioners herein.

Factual Backdrops

Respondents No.4 to 6 were appointed on contract basis on the post of Junior Engineer/Sub-Engineer on 1-4-2008, thereafter, on 26-5-2010, respondent No.2 published final gradation list of Junior Engineers (Sub-Engineers) showing position as on 1-4-2010 wherein the names of private respondents No.4 to 6 were shown at Serial Nos.3, 5 and 6, respectively, and thereafter, on 14-6-2010, the services of private respondents No.4 to 6 were regularized on the post of Junior Engineer/ Sub-Engineer with effect from 1-4-2010 after completion of two years of probation period. Again respondent No.2 published a final gradation list of Junior Engineers (Sub-Engineers) showing position as on 1-4-2011 in which respondents No.4 to 6 were shown at Serial Nos.3, 5 and 6, respectively. In the year 2012, respondent No.2 amended the Service Rules and new Service Rules were enacted. As per the said amended rules, the qualifying service for promotion to the post of Assistant Engineer is 5 years of continuous service on the post of Junior Engineer (Sub-Engineer).

Pursuant to the advertisement issued by respondent No.2 for the post of Assistant Engineer, the present six petitioners were appointed on the vacant and sanctioned posts of Assistant Engineer and order of appointment dated 25-4-2013 was issued in their favour by respondent No.2 CREDA whereby all the 10 vacant posts of Assistant Engineer were filled. Thereafter, on 9-5-2013, respondent No.2 published final gradation list of Junior Engineers showing the position as on 1-4-2013 in which the names of respondents No.4 to 6 were shown at Serial Nos.3, 5 and 6, respectively. However, on 6-6-2013, respondent No.2 published final gradation list of Assistant Engineers showing the position as on 1-4-2013 wherein the names of the private respondents were not there in the said list, as they were working on the post of Junior Engineer/Sub-Engineer. Similarly, on 23-5-2014, respondent No.2 published final gradation list of Junior Engineers showing the position as on 1-4-2014 wherein the names of the private respondents were found at serial Nos.3, 5 and 6, respectively.

On 5-2-2015, respondent No.2 conducted a meeting of the Departmental Promotion Committee (DPC) wherein recommendation was made for promotion of the private respondents on the post of Assistant Engineer and pursuant to the said recommendation of the DPC, on 11-2-2015, respondents No.4 to 6 herein were promoted to the post of Assistant Engineer with effect from 11-2-2015. On 27-5-2015, respondent No.2 published the gradation list of Assistant Engineers showing position as on 1-4-2015, wherein the names of the petitioners were kept above the private respondents showing the names of the petitioners at Serial Nos.26, 31, 30, 29, 25 and 27, respectively, whereas the names of the private respondents were shown at serial Nos.33, 34 and 35, respectively. T