2021 (4) TMI 1320 - HC - Indian Laws

Validity of seniority list of Inspectors - promotion of Inspectors to the post of Superintendents - the petitioners who had joined the department after the joining of the private respondents cannot be placed above them in the seniority list - HELD THAT - It is a matter of fact that the seniority position in the present case was not finally settled when the judgment in the case of K. MEGHACHANDRA SINGH AND ORS. VERSUS NINGAM SIRO AND ORS. 2019 (11) TMI 1733 - SUPREME COURT was delivered by the Hon ble Supreme Court on 13th November, 2019. The impugned seniority list was issued on 15th March, 2018 and immediately thereafter, various representations were filed on behalf of the private respondents against the said seniority list. When no response was received on the said representations, the private respondents filed the OA before the CAT, challenging the said seniority list, from which the present petition arises. The CAT has correctly applied the dicta in K. Meghachandra Singh case in the present case and has proceeded to quash the seniority list to the extent it placed the petitioners above the private respondents. The fact that the CAT decision would impact the inter se seniority between the promotees and direct recruits (petitioners), is not the subject matter of the present petition, and therefore, need not be examined. It is also an admitted position that in the present case requisitions for the appointment of the petitioners were sent to SSC the recruiting authority on 11th February, 2015, after the private respondents had already joined the Delhi Commissionerate. Therefore, even in terms of OM dated 4th March, 2014, the petitioners cannot be placed above the private respondents. Petition dismissed.

Issues Involved:
1. Validity of the seniority list dated 15th March, 2018.
2. Applicability of the Supreme Court judgments in N.R. Parmar and K. Meghachandra Singh cases.
3. Determination of seniority between direct recruits and transferees.
4. Impact of cadre restructuring on seniority.
5. Interpretation of relevant Office Memorandums (OMs) and Recruitment Rules (RRs).

Detailed Analysis:

1. Validity of the Seniority List Dated 15th March, 2018:
The present writ petition impugns the order dated 13th October, 2020, passed by the Central Administrative Tribunal (CAT) in OA No. 2955/2019, which set aside the seniority list dated 15th March, 2018. The CAT held that the petitioners, appointed in 2016, could not be placed above the private respondents who were appointed in 2011 and transferred to the Delhi Zone in 2014. The seniority list was prepared based on OM No. 20011/1/2012-Estt.(D) dated 4th March, 2014, following the Supreme Court's decision in N.R. Parmar.

2. Applicability of the Supreme Court Judgments in N.R. Parmar and K. Meghachandra Singh Cases:
The CAT's decision relied on the Supreme Court's judgment in K. Meghachandra Singh, which overruled N.R. Parmar. The judgment in K. Meghachandra Singh clarified that seniority should be determined from the date of appointment, not from the initiation of the recruitment process. The CAT applied this dicta to quash the seniority list, placing the petitioners above the private respondents.

3. Determination of Seniority Between Direct Recruits and Transferees:
The CAT ruled that the judgment in N.R. Parmar applied only to the fixation of inter-se seniority between promotees and direct recruits. Since both petitioners and private respondents were direct recruits, the N.R. Parmar judgment had no impact. The private respondents, being transferees, were to be placed at the bottom of the seniority list in the Delhi Zone, below the direct recruits of 2014.

4. Impact of Cadre Restructuring on Seniority:
The cadre restructuring in July 2014 led to an increase in the number of Inspector posts in the Delhi Zone. The private respondents transferred to the Delhi Zone due to this restructuring and were placed at the bottom of the seniority list. The petitioners, appointed against the vacancies of 2014, joined in 2016. The CAT held that the restructuring did not justify placing the petitioners above the private respondents.

5. Interpretation of Relevant Office Memorandums (OMs) and Recruitment Rules (RRs):
The petitioners argued that the seniority list was prepared in accordance with OM dated 4th March, 2014, based on N.R. Parmar. They contended that the recruitment year, not the joining year, was relevant for seniority. However, the CAT found that the seniority list was not settled when K. Meghachandra Singh was delivered, and thus, the principles laid down in K. Meghachandra Singh applied. The CAT also noted that the requisitions for the petitioners' appointments were sent to SSC on 11th February, 2015, after the private respondents had joined the Delhi Commissionerate.

Conclusion:
The High Court upheld the CAT's decision, dismissing the petition. It agreed that the seniority list was correctly quashed to the extent it placed the petitioners above the private respondents, based on the Supreme Court's judgment in K. Meghachandra Singh. The court found no merit in the petitioners' arguments and ruled that the seniority should be determined from the date of appointment, not the initiation of the recruitment process. The petitioners' contention that the seniority list was prepared correctly under N.R. Parmar was rejected, as the principles in K. Meghachandra Singh were applicable.

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