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FACTS OF THE CASE

4. The applicant was the only candidate allocated to IDES from the Main List result of the CSE (Civil Service Examination) 2003. He is presently holding the post of JAG (SG) in the office of DGDE and the respondent No.1 is the Cadre Controlling Authority of the applicant.

4.1 The applicant and private respondents applied in CSE-2003. The Main List Result of Civil Service Examination, 2003 was declared on 7.5.2004 (Annexure A-4) under which the applicant was selected. He was allocated service on 25.11.2004 and thereafter he was issued an Appointment Letter dated 10.01.2005. The applicant joined DGDE on 28.3.2005. After completion of the selection process of the candidates recommended from the main list of CSE-2003, the UPSC while considering the extant provisions of sub-rules (3), (4), & (5) of Rule 16 of the Civil Services Examination, Rules 2003 (hereinafter referred to as 'CSE Rules of 2003') and by relaxing the minimum general qualifying standard 2026.05.08 RAVI KANOJIA16:05:19+05'30' prescribed for recommending the candidates on main list, had declared the Result of Reserve List of CSE-2003 on 10.01.2005 recommending the candidates to the extent of vacancies which remained unfilled after completion of selection process from main list of CSE-2003, whereby the private respondents were also recommended at serial Nos 1 and 21, respectively and were allocated IDES (Annexure A-5). They joined on 26.5.2005 and 30.5.2005.

4.2 After appointment to the IDES and under the relevant rules/instructions, the inter-se seniority of the applicant was initially determined over and above the private respondents in JTS of IDES by the official respondents. Further, DGDE (Respondent No. 2) issued Civil Lists of Indian Defence Estate Service Group-A Officers annually for the years 2005 onwards till 2018, wherein the applicant has been placed en-bloc senior to the private respondents. The Seniority/ Civil lists for the years 2005 to 2018 were issued and finalized every year after inviting objections and suggestions from all concerned. Copies of Civil Lists of Indian Defence Estate Service Group-A Officers as on 31.12.2005 and as on 31.07.2017 are annexed as (Annexures A-6 & A-7 respectively. 4.3 The official respondents issued Orders of promotion of the applicant from the post of JTS to STS granted vide Order dated 31.3.2010, STS to JAG(OG) granted vide Order dated 7.1.2016 and placement of the applicant JAG(OG) to JAG(SG) granted vide Order dated 06.02.2018 based on Civil Lists of IDES Group - 'A' 2026.05.08 RAVI KANOJIA16:05:19+05'30' Officers as on 31.12.2005 till 31.07.2017. The said promotions were accepted by the private Respondents without demure. The said orders dated 31.3.2010, 7.1.2016 and 06.02.2018 are annexed as (Annexures A-8 to A-10) respectively.

2026.05.08 RAVI KANOJIA16:05:19+05'30' 4.7 The applicant submitted Representation dated 18.1.2019 (Annexure A-13) against the order dated 4.1.2019. During the pendency of the said representation of the applicant against his altered seniority, the DGDE issued Civil Lists of Indian Defence Estate Service Group-A Officers vide letter dated 19.6.2019 as on 1.3.2019, letter dated 5.3.2020 as on 1.3.2020, letter dated NIL (Uploaded on website) as on 30.12.2021, letter dated 8.12.2022 as on 1.12.2022, letter dt.20.6.2023 as on 1.6.2023 and objections invited vide letter dt.26.2.2024 as on 1.1.2024 (Ann A-2 Colly) whereby the applicant was illegally placed junior to the private respondents based on the DoP&T's OMs dated 8.8.2013 and 9.1.2014.

4.9 It is also stated that the issue of granting seniority to the private respondents over and above the applicant based on marks secured by them in CSE-2003 even though the applicant was selected in the Main List and the private respondents were selected after the lapse of eight months in the Reserve List has been considered and decided in favour of the applicant vide 2026.05.08 RAVI KANOJIA16:05:19+05'30' Order/Judgment dated 19.2.2020 in OP (CAT) No.172/19 in case of Bhupendra Sharma vs UOI passed by the Hon'ble High Court of Kerala upheld vide judgment dated 12.7.2021 in SLP (C) No.5164/21 by the Hon'ble Supreme Court. Further, Review Petition No.62/22 was also dismissed vide Judgment dated 10.2.2022 by the Hon'ble Supreme Court (Annexure A-15 [Colly.]). The said Judgment was followed by the Hon'ble Delhi High Court vide Judgment dated 12.7.2023 in WP (C) No.14908/24 in case of UOI vs Pallavi Gupta (Annexure A-16) 4.10 It is also stated that pending representation of the applicant, the proposal was sent to UPSC by the DGDE for promotion to SAG enclosing the Civil List of IDES Group-A Officers in which the applicant was shown junior to the private respondents. The proposal submitted by the official respondents on the basis of altered seniority of the applicant viz-a-viz private respondents has not been agreed to by the UPSC, who inter-alia observing that the seniority list in the feeder grade is not in correct order as per the panel promotion to JAG (OG) recommended by them and accordingly, returned the proposal for rectification of the seniority order in its correct order (Annexure A-17).