JAI KARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This order shall dispose of above-mentioned two writ petitions involving similar facts and issue, which needs determination is identical. For facility of reference, facts are being culled out from CWP No.10434 of 2017.

(2.) The present writ petition is directed against the common order dated 20.03.2017 (P-7) passed by the learned Central Administrative Tribunal (for short 'The Tribunal'), whereby the Original Application filed by respondent Nos.7 to 10 (belonging to General Category) has been allowed and the promotion orders of petitioners (belonging to Scheduled Caste Category) have been quashed, directing the official respondents to finalise the tentative seniority list dated 09.08.2010 by following the principle of "Catch-up".

(3.) Brief facts of the case are that initially, respondent Nos. 7 to 10 herein (applicants in OA) joined the Union Territory Secretariat, Chandigarh Administration as Clerks and thereafter, they were redesignated as Junior Assistants. The names of respondent Nos. 7 to 10 and the petitioners (belonging to reserved category) were placed as per seniority/gradation list in respect of Group A, B, C and D employees vide tentative list dated 09.08.2010 (A-2). Petitioner Nos.2 and 3 were not redesignated as Junior Assistants. It is a matter of record that petitioners herein (private respondent Nos.8 to 10 in OA) belong to the reserved category of Scheduled Castes, and they had joined as Clerks in the Union Territory, Chandigarh against the vacancies reserved for reserve category. Nine vacancies came to be filled up in the cadre of Senior Assistants from amongst the Junior Assistants/Clerks with five years' service as Clerks. Private Respondent Nos.7 to 10 herein were also entitled to be considered against the vacancies of Senior Assistants. Petitioners, who belong to Scheduled Castes Category, were promoted as Senior Assistants by availing the benefit of reservation vide order dated 29.09.2015 (A-l in the OA), including petitioner Nos.2 and 3, who were Clerks, against the reserved points of Scheduled Caste category, however, concededly juniors to private respondent Nos.7 to 10 herein in the cadre of Clerks/Junior Assistants.