SANJIV MAHAJAN Vs. UNION OF INDIA

JUDGEMENT

(1.) All these four writ petitions involving common questions of fact and law were taken up for hearing together and are being disposed of by this common judgment. However, the fact of the matter is being noticed from Civil Writ Petition. No. 4604 of 2000.

(2.) On or about 07.02.1986, the Department of Personnel and Training ( in short, 'DOPT' ) issued an Office Memorandum in terms whereof the general principles of determining the seniority of various categories of persons employed in Central Service were laid down whereby and whercunder the relative seniority of direct recruits and promotees were to be determined according to rotation of vacancies between the direct recruits and the promotees, which was to be based on the quota of vacancies reserved for direct recruitment and promotion respectively in the Recruitment Rules. By way of an Explanatory Memorandum to these principles, it has been stated that a roster is required to be maintained based on the reservation of vacancies for direct recruitment and promotion in the Recruitment Rules and as such where appointment to a grade is to be made 50% by direct recruitment and 50% by promotion from a lower grade, the inter-se seniority of direct recruits and promotees is said to be determined on 1:1 basis.

(3.) On or about 03.07.1986, the DOPT issued another Office Memorandum regarding fixation of seniority of direct recruits and promotees. By reason of the said Office Memorandum, the relative seniority of direct recruits and of promotees shall be determined according to the rotation of vacancies between direct recruits and promotees, which shall be based on the quota of vacancies reserved for direct recruitment and promotion respectively in the Recruitment Rules and in the event adequate number of direct recruits do not become available in any particular year, rotation of quotas for the purpose of determining seniority would take place only to the extent of the available .direct recruits and the promtees. In other words the promotees will be bunched together at the bottom of the seniority list below the last position to the extent direct, recruits are not available. However, the unfilled direct recruitment quota vacancies would be .Carried forward and added to the corresponding direct recruitment vacancies of the next year for taking action for direct recruitment for the total number of vacancies according to the usual practice.