UNION OF INDIA Vs. ANIL KUMAR SHARMA

JUDGEMENT

(1.) Heard Mr. S.C. Keyal, learned counsel for the petitioners. Also heard Mr. S. Dutta, learned senior counsel, assisted by Mr. S. Choudhury and Ms. R. Medhi, learned counsel appearing for the respondent No.1.

(2.) This writ petition is filed by the petitioners being aggrieved with the order dtd. 24/6/2020 passed by the Central Administrative Tribunal, Guwahati Bench, Guwahati (hereinafter to be referred as "Tribunal") in O.A. No.339/2015. By the impugned order, the Tribunal has allowed the Original Application preferred on behalf of the respondent No.1 and has directed the petitioners herein (respondents before the Tribunal), more particularly, the Central Board of Excise and Customs (CBEC) to take earnest initiative for streamlining the Rule and Regulation in case of Inspector as well as the Superintendent in order to maintain equality and rationality with reasonableness and to defuse the genuine heartburning/ deprivation amongst the employees in the matter of promotion. The Tribunal has further directed that the petitioners shall review the entire issue on the basis of the principle that the "seniority of merit" shall not be disturbed while making the next promotion to the employees and to consider the case of the respondent No.1 for promotion to the post of Superintendent by convening a DPC and if he is found fit, he shall be promoted to such post at least from the date of his junior Shri Gyanesh Kumar was promoted. The Tribunal has further observed that the entire exercise shall be carried out within a period of 6(six) months from the date of receipt of a copy of the said order. However, it was made clear that the order shall not be treated as precedent for the others.

(3.) The relevant facts of the case are that the Staff Selection Commission (SSC) of the Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions has issued an advertisement for recruitment to the posts of Inspector of Central Excise, Income Tax, etc., 1996. The respondent No.1 applied for the said post for which written examination was held on 28/4/1996 on zonal basis. In the meantime, it appears that the action of the Staff Selection Commission for recruiting the candidates through the scheme of zone-wise selection was challenged before the Central Administrative Tribunal, Principal Bench, New Delhi, however, the same was dismissed.