ANJU AZAD Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners have preferred the present writ petition to assail the order dated 17.05.2016 passed by the Central Administrative Tribunal (CAT/ Tribunal) in O.A. No.2481/2014. The Tribunal had rejected the said Original Application preferred by the petitioners, wherein they had assailed the provisional seniority list dated 31.01.2014 as also the final seniority list dated 11.07.2014. In the said provisional seniority list of Senior Geographers as on 01.01.2012, the petitioners/ applicants were shown at serial Nos. 22, 23, 24 and 25 and the private respondents were placed above them at serial Nos. 14 onwards. The petitioners were aggrieved by the said fixation of their seniority, and they claimed that the respondents had wrongly changed the date of their regular appointment to the post of Senior Geographer to 11.10.2010 ? in respect of applicant No. 3 (i.e. C. Rajeev ? who is petitioner No. 3 before us), and 29.02.2011 ? in respect of applicant Nos. 1, 2 and 4 (who are petitioners No.1, 2 and 4 before us). The petitioners' grievance was that they have been placed below the private respondents without even giving them any show cause notice.

(2.) The undisputed position is that the cadre strength of the Senior Geographer for the promotional posts was 18. There were 9 posts in the said cadre to be filled by direct recruitment. Thus, 66.67% of the promotional posts of Senior Geographer were to be filled by promotion, and the remaining 33.33% posts were to be filled by direct recruitment.

(3.) Four of the Senior Geographers, namely Dr. Rajendra Kumar, Sh. Pooran Singh, Sh. R. Joseph and Sh. Hari Kirtan Ram were sent on long term deputation, and the vacancies which were created on account of the said officers proceeding on long term deputation were, therefore, sought to be filled by promotion of the petitioners, who were then serving as substantive Geographers. The promotion orders in respect of all the petitioners clearly stated that the said promotions were against long term vacancies due to deputation of Senior Geographers to the post of Research Officer (Map) under plan scheme. On repatriation of Research Officer (Map) to the post of Senior Geographer, the petitioners would stand reverted to the substantive post of Geographer.