UNION OF INDIA REPRESENTED BY ITS SECRETARY, GOVERNMENT OF INDIA, MINISTRY OF DEFENCE, NEW DELHI & OTHERS Vs. CENTRAL ADMINISTRATIVE TRIBUNAL, CHANDIGARH BENCH & OTHERS

JUDGEMENT

(1.) Union of India has invoked the jurisdiction of this Court under Articles 226/227 of the Constitution of India for quashing of the order dated 21.1.2016 (Annexure P-4) passed by the Central Administrative Tribunal, Chandigarh Bench (for short "CAT"), whereby O.A.No.060/00374/ 2015 filed by applicant-respondents No.2 to 4, has been allowed and the petitioners have been directed to treat respondents No.2 to 4 as eligible for consideration for promotion as Superintendent in recruitment year 2015- 2016 and also to include them in the list of eligibles to be considered by the Departmental Promotion Committee (DPC) when the same meets to consider promotions to the post of Superintendent for recruitment year 2015-2016.

(2.) Mr. Praveen Chander Goyal, learned counsel representing the petitioners submitted that the Staff Selection Commission conducted Combined Graduate Level (Main) Examination-2004-Scheme 'A' and 'B' for the post of Assistant, Inspector of Income Tax/Inspector (Central Excise), Inspector (Preventive Officer), Inspector (Examiner), Assistant Enforcement Officer (AEO) etc., in which the applicants/private respondents ranked at Sr.Nos.132, 104 and 275 respectively. Vide letter dated 29.3.2007, the private respondents were issued appointment letters. They joined the service on 4.4.2007, 16.4.2007 and 5.4.2007 respectively, whereas other candidates, who were lower in rank to the applicants were given appointment much earlier. Resultantly, they joined earlier to the applicants. The next promotional post of the applicants is Superintendent of Central Excise, which is governed by the Superintendent of Central Excise Recruitment Rules, 1986 (for short "Recruitment Rules") in the pay scale of Rs. 2000- 3500. The said Group B Gazetted post is to be filled in by promotion provided that not more than 5% of the total (subject to maximum number specified in Appendix II) may be filled by direct recruitment as and when considered necessary. Inspectors of Central Excise (Ordinary Grade) with eight years regular service in the grade, if any, rendered in the grade of Inspectors (Senior Grade) fall in the feeder cadre.

(3.) It was further contended that the instructions dated 28.5.2014 (Annexure A-7) were issued by the Department of Personnel and Training, New Delhi fixing the date of eligibility as "Ist April" of the vacancy year and in the present case, the cut off date for the vacancy year 2015-2016 was 1.4.2015. The applicants alleged that the Delhi Zone of Central Excise issued Establishment Order No.59/2015 dated 1.4.2015 promoting Inspectors on adhoc basis to the grade of Superintendent of Central Excise in the pay scale of Rs. 9300-34800 with grade pay of Rs. 4800 w.e.f. 1.4.2015. The final list contained the names of the persons, who were lower in the rank as per merit list prepared by the Staff Selection Committee, i.e., Sr.Nos.213, 234, 306, 319, 340, 421 and 486. The grievance of the applicants was that they had become eligible for promotion w.e.f. 1.4.2015 and cannot be made to suffer on account of the issuance of delayed appointment letters despite the fact that they have completed eight years regular service.