PRASHANT KUMAR SONA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petitions under Articles 226 and 227 of the Constitution of India seeks to assail the order dtd. 29/2/2020 passed by the Central Administrative Tribunal in O.A. No. 1719/2012. Since the challenge in the two writ petitions is to the same impugned order, we are for the sake of convenience, referring to the parties as per their position in W.P.(C) No. 4339/2020.

(2.) Vide the impugned order, the learned Tribunal has allowed the Original Application (O.A.) filed by the respondent nos. 4 and 5 (hereinafter referred to as private respondents) and has therefore quashed the seniority list of Sec. Officers (hereinafter referred to as SO) issued on 17/1/2012 along with orders dtd. 2/5/2012 and 16/5/2012, whereby the representations of these private respondents were rejected. The Tribunal has, consequently, directed the respondent nos. 1 to 3/ Union of India (hereinafter referred to as official respondents) to prepare a fresh seniority list of SOs in such a way that no SO promoted through the Limited Departmental Competitive Exam (LDCE) is treated as having been promoted with effect from any date, earlier to the date of his actual promotion. At this stage itself, it may be noted that the official respondents have not assailed the impugned order and it is only the SOs promoted through LDCE in the year 2011 and granted retrospective seniority from the date of accrual of vacancy, who are aggrieved with the impugned order.

(3.) Before we deal with the rival submissions of the parties, the brief factual matrix as emerging from the record may be noted.