ABHINAV SINGH Vs. JYOTI, INSPECTOR

JUDGEMENT

(1.) The present writ petition is filed under Article 226/227 of the Constitution of India seeking quashing and setting aside the order dated 19.12.2018 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi, whereby the learned Tribunal has stayed the declaration of result of the regular DPC for 2019 in OA No. 4640/2018.

(2.) The facts relevant and necessary for adjudication of the present petition are as follows:-

(3.) Learned senior counsel for the petitioner has argued that seniority position of the 8 applicants of OA No. 4640/2018 is much lower as per seniority list up to 31.03.2015. The list shows that the seniority ranks of the petitioners lie between 319 to 540, whereas the seniority ranks of the 8 applicants lie between 1301 to 1366. He has further submitted that the petitioners, who have acquired eligibility to be considered in the regular DPC to be held in this year itself i.e. 2018 for vacancy year 2019 are now adversely affected by the impugned order of Tribunal dated 19.12.2018 staying the declaration of the result of the DPC. It is argued that as per DoPT OM dated 08.05.2017, Department has to conduct DPC every year and those recommended by the DPC have to join the promoted post by 1 st January of the year. However, due to the stay granted by learned Tribunal on declaration of result of DPC, petitioners herein, if selected to the post of Superintendent, would not be able to join the post by 01.01.2019 and would thus loose their seniority on All India basis w.r.t. the Superintendents of all other zones, i.e., Mumbai Zone, Chennai Zone, Calcutta Zone etc.