UNION OF INDIA Vs. HIMANSHU PRABHAKAR

JUDGEMENT

(1.) The aforesaid writ petitions have been preferred by the petitioners to assail the common order dated 16.09.2016 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) in O.A. No. 2883/ 2015 and O.A. No. 2891/ 2015 respectively, preferred by the respondents/ original applicants. The Tribunal has allowed the said Original Application and directed the petitioner- UOI to declare the LDCE results of the applicants within 90 days from the date of receipt of the certified copy of the order.

(2.) The respondents/ original applicants are arrayed as respondents in both these writ petitions. The respondents/ original applicants as well as the petitioners in W.P. (C) 4711/ 2017, on the date of filing of the O.A., were holding the substantive post of Assistants, or a post in the equivalent grade, in the Central Secretariat Service (CSS). The respondents/ original applicants became Assistants as direct recruits through Combined Graduate Level Examination, 2010 result of which were declared on 07.01.2011. They shall be referred to as the Direct Recruits. They joined the services thereafter, from 30.05.2011 onwards. The petitioners in W.P.(C.) No.4711/2017, on the other hand, were Upper Division Clerks (UDC's) who came to be promoted as Assistants in the CSS vide DoP&T O.M. dated 05.08.2010 on ad-hoc basis, & were brought in select list 2010 of Assistant's vide O.M. dated 10.09.2013. They shall be referred to as the Promotees. The Direct Recruits were shown above the Promotees in the seniority list of the Assistants Grade of the CSS.

(3.) The CSS is governed by the Central Secretariat Service Rules, 2009, (hereinafter referred to as the "CSS Rules, 2009"). The CSS Rules, 2009 have been framed by the President in exercise of the powers contained in proviso to Article 309 of the Constitution. Some of the relevant provisions contained in these Rules are the following: