Central Administrative Tribunal - Delhi
S Satish Kumar vs M/O External Affairs on 4 May, 2016
Central Administrative Tribunal
Principal Bench
New Delhi
O.A.No.3357/2013
Order Reserved on: 18.03.2016
Order pronounced on 04.05.2016
Hon'ble Shri V. Ajay Kumar, Member (J)
Hon'ble Shri P. K. Basu, Member (A)
S. Satish Kumar & Others ... Applicants
(By Advocate: Ms. Jyoti Singh, Senior Counsel with Mr.
Pradeep Dahiya, Mr. Arjun Malik and Ms. Tinu Bajwa)
Versus
Union of India & Others ... Respondents
[By Advocate: Mr. Rajinder Nischal for Respondents-1 to 3
And Mr. M.K.Bhardwaj & Mr. M.D.Jangra for Respondents 5
to 12 (Private Respondents)]
ORDER
By V. Ajay Kumar, Member (J):
The applicants, who are all belonging to the direct recruit batches between the years 2004 to 2008 of the Indian Foreign Service, Branch `A', filed the OA seeking the following relief(s):
"(i) Declare Rule 15 Sub-Rule (4) of the Indian Foreign Service [Recruitment, Cadre, Seniority and Promotion] Rules, 1961 as ultra vires the provisions of Articles 14 and 16 of the Constitution of India;
(ii) Quash and set aside Ministry of External Affairs, Government of India Memorandum No.Q/PA-
II/584/5/2009 dated 29th of November 2010, O.A.No.3357/2013 2 Memorandum No.Q/PA-II/584/4/2010 dated 16th of August 2011, Memorandum No.Q/PA-II/584/7/2011 dated 9th of March 2012 and Memorandum No.Q/PA-
II/584/1/2012 dated 27th of September 2012, whereby Officers of Grade-I of IFS `B' have been promoted to the Senior Scale of the Indian Foreign Service and have been allotted the notional month and year of allotment as per details against their names in accordance with the provisions of Rule 15 Sub-Rule (4) of the Rules.
(iii) Declare the IFS (RCSP) Amendment Rules, 2010 as violative of the provisions of Articles 14, 16 and 320 of the Constitution.
(iv) Direct the Official Respondents to recalculate the number of vacancies reserved for Grade-I of the IFS `B' on promotion to the IFS| (Senior Scale
2. By virtue of the impugned Rule 15(4), an officer of the IFS Service Branch-A, who was originally promoted from Grade-I of the IFS Branch-B, will get the year of allotment corresponding to a date 3 years prior to the date from which he was continuously holding a post in Grade-I of the IFS Branch-B. Whereas, as per Rule 15(2), the year of allotment of an officer recruited in the IFS Service Branch-A, on the results of an open competitive examination held by the Commission, whether before or after such commencement, shall be the year, following the year in which the said examination was held. The applicants belong to the latter category.
3. After hearing the arguments of the respective parties, and after reserving orders, it is noticed that in identical circumstances, vires of identical Rule 3 (3) (ii) and (iii) of the Indian Administrative Service (Regulation of Seniority) Rules, 1987 has been questioned in OA No.1697/2008 and OA O.A.No.3357/2013 3 No.2627/2008. A Division Bench of this Tribunal considering the great significance of the question raised, referred the said OAs to a Larger Bench. The said reference is still pending for adjudication and listed before a Full Bench comprising of Hon'ble Shri Permod Kohli, Chairman, Hon'ble Shri V. Ajay Kumar, Member (J) and Hon'ble Shri B.K.Sinha, Member(A).
4. Since the issue involved in this OA is also identical to that of the issue involved in OA No.1697/2008 and OA 2627/2008, i.e., granting seniority in a grade, even before one has born in that grade, and since the said OAs were already referred to a Full Bench, we are of the view that this OA also may be listed along with the said OAs before the same Full Bench for an authoritative pronouncement, and to avoid conflicting decisions.
5. Hence, list this OA along with OA No.1697/2008 and OA No.2627/2008 before the same Full Bench on 19.05.2016.
(P. K. Basu) (V. Ajay Kumar) Member (A) Member (J) /nsnrvak/