Vinod Verma vs Union Of India And Ors.

2. Brief facts giving rise to the appeal need to be noted are:

The post of Sub-Divisional Engineer is hundred percent promotional post. Junior Telecom Officers are eligible for promotion under two methods: (i) 75% on the basis of seniority-cum-fitness, (ii) 25% on the basis of departmental competitive examination. In the year 2000, the Telecommunication Department initiated the process for filling up of the vacancies “Post 1996-97”. In the year 2001, the appellant was promoted as Sub-Divisional Engineer under the seniority-cum-fitness quota. The department announced the Limited Departmental Competitive Examination(LDCE)for promotion for the 25% quota for vacancies after 22.07.1996 which examination could be held on 01.12.2002. The department issued the promotion orders dated 26.04.2000 and 07.12.2001 for the officers promoted under the seniority-cum-fitness category for the vacancies occurring after 23.07.1996. The result of 3 Limited Departmental Competitive Examination was declared on 15.12.2003. The appellant also appeared in the Departmental Competitive Examination held on 01.12.2001. The promotion order dated 26.05.2004 was issued for the promotion of LDCE successful candidates. The order contemplated that the seniority of these officers will be fixed as per Rules shortly. DPC was again conducted and promotions were made against the 75% category for the subsequent years 2001-02 and 2002-03 on 16.09.2004. The seniority list of Sub-Divisional Engineers was issued on 12.01.2005 which seniority list became the subject matter of the challenge in various Benches of Central Administrative Tribunal. In Central Administrative Tribunal, Chandigarh Bench, TA No.84-HR-2009, Dewan Chand & Ors. vs. Union of India was filed. Before Central Administrative Tribunal, Bombay Bench, TA No.6 of 2009, S. Sadasivan vs. BSNL was filed. Before Central Administrative Tribunal, Ernakulam Bench, OA No.16 of 2009, Thomas Zachariah vs. BSNL and OA No.86 of 2009, V. Govindan vs. Union of India were filed. Chandigarh Bench of Central Administrative 4 Tribunal decided TA No.84-HR-20090 (Dewan Chand vs. Union of India) vide its judgment dated 25.08.2009. The Central Administrative Tribunal, Chandigarh allowed the Transfer Application. The applicants before the Tribunal were working as Sub-Divisional Engineers. The question raised was as to what would be the mode of fixation of seniority in TES Group 'B' between members of service who are appointed on the basis of seniority vis-a-vis those who enter the service after qualifying the Limited Departmental Competitive Examination. The Tribunal held that the seniority of the incumbents has to be determined on the basis of date of joining and not of the notional date of promotion. The applicants before the Tribunal belonged to the stream who were promoted under seniority-cum-fitness where few of the respondents who were impleaded before the Tribunal were those who were promoted Sub-Divisional Engineers vide order dated 26.05.2004 on the basis of Limited Competitive Departmental Examination. The Tribunal quashed the seniority list prepared by the department and directed for redrawing the seniority list on the basis of date of joining of the 5 incumbents. In paragraph 17 following was directed:

3. The appellant was not the party to the said case in Dewan Chand vs. Union of India, TA No.84-HR- 2009, hence, he filed the review petition before the Central Administrative Tribunal. The review petition was dismissed by the CAT on 18.01.2010. The Writ Petition No.5148-CAT of 2010 was filed by the appellant challenging the order dated 25.08.2009 and 18.01.2010 passed by the Central Administrative Tribunal, Chandigarh. The writ petition filed by the appellant was dismissed by the Punjab and Haryana High Court vide its judgment and order dated 03.12.2014. The High Court in its judgment dated 03.12.2014 held that controversy in the case stands settled by the decision dated 12.08.2014 rendered by 6 this Court in SLP(C)No.35756 of 2012 (BSNL and others vs. S. Sadasivan and others). Against the judgment dated 03.12.2014 SLP(C)No.18621 of 2015 was filed by the appellant which was disposed of on 16.10.2015 by this Court permitting the appellant to withdraw the SLP with liberty to file review application before the High Court. In pursuance of the order dated 16.10.2015 appellant filed a review application before the High Court which has been rejected on 24.02.2016. Aggrieved by the judgment dated 24.02.2016 and initial judgment dated 03.12.2014 this appeal has been filed by the appellant.

"17. In view of the above discussion, both these Original Applications are allowed. Orders/seniority lists impugned in these petitions are quashed and set aside. The respondents are directed to re- draw the seniority of officers of TES Group-B on the basis of dates of joining of incumbents, as discussed above, within a period of six months from the date of receipt of copy of this order. Before undertaking such exercise, respondents may invite objections from the persons likely to be adversely effected before re-drawing seniority as observed herein above. No costs.”

Paragraphs 2 to 4 of the judgment are as follows:

fitness from amongst Junior Telecom Officers with three years regular service in the Grade and 25% is to be promoted on the basis of Departmental Competitive Examination from Junior Telecom Officers with three years r10egular service in the Grade. The crucial date for determining the eligibility is 1st July of the year to which the vacancy pertains. 1996 Recruitment Rules do not provide for ROTA nor does it provide for holding Departmental Competitive Examination for the vacancies every year in contra-

vs. S.K. Dubey & Ors.', the transferred case is liable to be dismissed and is dismissed accordingly. No costs.

.......................CJI.

23. When three-Judge Bench of this Court following 20 the pronouncement in BSNL & Ors. vs. S.K. Dubey & Ors., judgment of the same day, has dismissed the writ petition against the same very judgment of the CAT of Chandigarh Bench in Dewan Chand vs. Union of India, the fate of this appeal is sealed by the said judgment by dismissing the writ petition against the order of the Central Administrative Tribunal, Chandigarh Bench in TA No.84-HR-2009. The writ petition filed by the appellant has to meet the same fate. In view of the facts as noticed above that the controversy raised in this appeal is covered by three-Judge Bench judgment dated 12.08.2014 we see no necessity to delve into various other arguments raise in this appeal. We are not persuaded to take any different view to one which has been taken by three-Judge Bench as noted above.

24. We, thus, hold that the present appeal deserves to be dismissed in view of the judgment of this Court dated 12.08.2014 Transferred Case (Civil) No…… of 2014(arising out of T.P.(C)No.184 of 2013)(Rajesh Banta & Ors. vs. Dewan Chand & Ors.) and judgment of the three-Judge Bench of this Court in BSNL & ors. vs. S.K. Dubey & Ors. decided on 12.08.2014. The 21 appeal is, accordingly, dismissed.