P BHASKARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) The Central Administrative Tribunal, Ahmedabad in its order dated September 29, 1989 in Misc. Application No. 986 of 1988 dismissed the application of the appellants to review its order made in T. A. No. 263/86 on August 14,1987. Therein, the Tribunal had directed the seniority list of U.D.C. to be drawn afresh in the light of the directions issued in that order, namely, no promotion should be made on the basis of options without resorting to the recruitment rules in terms of the quota laid down and the procedures for filling it up could be regarded as valid as long as it is not adhoc. Such ad hoc promotions do not deprive the seniority of the respondents 5 and 6 in this appeal. The promotions given on ad hoc basis cannot give any right to seniority. The regular promotee cannot be deprived of seniority on the basis of the ad hoc promotions given to the L.D.Cs. who were promoted on transfer but were juniors in the cadre of L.D.Cs. To the said order, the appellant were not impleaded as parties. 2A. The facts in this case are that the appellants are L.D.Cs. in the Western Zone of the office of the Controller of Imports and Exports comprising Rajkot, Ahmedabad, Bhopal, Bombay and Kandla. Common seniority list as L.D.Cs. was being maintained for the entire Western Zone. The appellants were working as L.D.Cs. in Ahmedabad. The respondents 5 and 6 were working as L.D. Cs. in Rajkot. Admittedly they were appointed as LDCs in the year 1964 while the appellants were appointed in 1969. The Government issued a policy in which it was stated that the respective Joint Chief Controller of Imports and Exports in each Zone issued circulars from time to time wherein the relevant part reads that an LDC would be transferred on promotion from one place to another but such promotion would be on ad hoc basis. If more persons than the number of vacancies express willingness for the above promotion then the senior-most among them will be considered.

(3.) In the event of the seniors not willing to go on promotion, the juniors who accept the promotion will be given seniority over their seniors who would not be willing. The initial transfer on promotion in normal course would be on ad hoc basis. If more than the required candidates opt for transfer on promotion, the senior most would be given promotion in the order of seniority U.D.C. so far there is no controversy. The area of controversy arises when option was given but seniors did not opt to transfer but juniors to them exercised their option and were promoted and transferred to other places. The question, therefore, is whether they acquire right to seniority from the date of promotion as U.D.Cs. or would they have to await the promotion of seniors in the normal course