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Satish Kumar & Ors vs Union Of India & Ors on 10 July, 2020

Author: Rajiv Sahai Endlaw

Bench: Rajiv Sahai Endlaw, Asha Menon

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*       IN THE HIGH COURT OF DELHI AT NEW DELHI
+       W.P.(C) 4102/2020 & CM No.14705/2020 (for stay)
        SATISH KUMAR & ORS.                           ..... Petitioners
                         Through: Ms. Saahila Lamba, Adv.
                                 Versus
        UNION OF INDIA & ORS.                         ..... Respondents
                         Through: Mr. Arun Bhardwaj, Mr. Abhishek
                                    Sharma & Mr. Piyush Gaur, Advs. for
                                    R-1 to 3.
        CORAM:
        HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
        HON'BLE MS. JUSTICE ASHA MENON
                         ORDER

        %                10.07.2020

[VIA VIDEO CONFERENCING]
CM No.14706/2020 (for exemption)

1. Allowed, subject to just exceptions and as per the extant rules.

2. The application is disposed of.

W.P.(C) 4102/2020 & CM No.14705/2020 (for stay)

3. The eighteen petitioners working with the respondents No.1 to 3 Central Industrial Security Force (CISF), have filed this petition seeking seniority in the post of Assistant Commandant, above the private respondents No. 4 to 94.

4. It is the case of the petitioners, that (i) the petitioners cleared the Limited Departmental Competitive Examination (LDCE) of the year 2013 for promotion as Assistant Commandants and were appointed as Assistant Commandants with effect from 1st February, 2014; (ii) the respondents No. 4 to 94 were recruited directly as Assistant Commandants, between 30th August, 2014 and 19th September, 2015; and, (iii) though the respondents W.P.(C) No.4102/2020 Page 1 of 3 No. 1 to 3 CISF have till now not published any seniority list of Assistant Commandants but from the action of the respondents No.1 to 3 CISF of sending the respondents No.4 to 59 for pre-promotional course before the petitioners, it appears that the respondents No.4 to 59 are being treated as seniors to the petitioners and the respondents No. 60 to 94 are learnt to have been given seniority intermixed with the petitioners.

5. It is the contention of the counsel for the petitioners that the respondents No. 4 to 94 have thus been given seniority from a date before even their being born in the cadre of Assistant Commandant.

6. The counsel for the respondents No. 1 to 3 appearing on advance notice informs that as per the Office Memorandums (OMs) of the Department of Personnel & Training (DOPT), the seniority of the direct recruits is to be counted from the year of the examination for direct recruitment and the seniority of the promotees is to be counted from the year of recommendation of the Departmental Promotion Committee (DPC). It is also contended that the petitioners, in Ground 'B' to the petition have referred to the judgment dated 19th November, 2019 in Civil Appeal No(s). 8833-8835 of 2019 titled K. Meghachandra Singh Vs. Ningam Siro but the said judgment expressly states that the same is prospective. It is also argued that the seniority has been fixed strictly in accordance with the earlier judgment of the Supreme Court in Union of India Vs. N.R. Parmar (2012) 13 SCC 340 and in accordance with the OMs in force from time to time.

7. The matter cannot be considered without counter affidavit.

8. Issue notice.

9. Notice is accepted by the counsel for the respondents No.1 to 3.

10. The respondents No.1 to 3 to issue a signal to the respondents No.4 to 94, informing them of this petition and the next date of hearing and electronically transmitting to them the paper book and informing them of the contact address and telephone number of the counsel for the petitioners for collecting a hard copy of the petition / paper book, if so desire.

11. Counter affidavits be filed within ten weeks.

12. Rejoinder within four weeks thereafter.

13. List on 19th November, 2020.

RAJIV SAHAI ENDLAW, J ASHA MENON, J JULY 10, 2020 'gsr'..