HEMANT ATMARAM SHINDE Vs. UNION OF INDIA

JUDGEMENT

(1.) The dispute in the present petitions is over seniority in service between direct recruits and promotees to the post of Preventive Officer of the Customs Department. Various original applications were filed before the Tribunal challenging the seniority list published by the Union of India from time to time. Some of the petitions are by promotees challenging the orders of the Tribunal in different OAs and some petitions are by direct recruits. There have been several rounds of litigations before the Tribunal and these petitions arise out of the challenge raised to the various orders passed by the Tribunal.

(2.) Learned Counsel for the parties in all fairness agreed that the decision in Writ Petition No.6354 of 2003 arising out of judgment and order passed by the Tribunal in O.A.No.917 of 2002, 932 of 2002, 933 of 2002 and 936 of 2002 would cover the controversy arising in all these petitions.

(3.) Learned Counsel referred to the material facts pleaded in W.P. No.3806 of 2004. W.P. No.3806 of 2004 is filed by the promotees challenging the judgment and order dated 6/1/2004 passed by the Central Administrative Tribunal, Mumbai (hereinafter referred as 'the Tribunal' for short) in O.A.No.700 of 2003. Writ Petition No.3806 of 2004 came to be amended and the petitioner - promotees also prayed for quashing and setting aside the order dated 20/5/2005 whereby the promotees who were then working as Superintendent of Customs with effect from 21/9/2002 were reverted to the grade of Inspector (Preventive Officers) with immediate effect.