seniority list by which the applicant is aggrieved. The official respondents have admitted that the seniority list was revised only because of the advice given ... their appointment/promotion on substantive basis. Following this advice, the respondents changed the settled seniority list and issued the revised impugned seniority list dated
Departmental of Personnel and Training (DoPT) for their advice. A draft
Seniority List, as on 01.01.2019, was prepared, based on the DOPT
"Instructions ... impugned Seniority
List, dt. 28.11.2019, which followed the draft Seniority List, dt. 7th Aug, 2019.
In the OM, dt. 07.08.2019, communicating the draft Seniority List
final seniority list was issued on 16.10.2012, rejecting representations against provisional seniority list on 19.10.2012. The applicant had learnt about the advice ... argued that seniority in the feeder cadre is not relevant for determining seniority in the promotional grade as held by the Honble Supreme Court
2001) decided on 19.11.2001 as well as DOPT advice to say that the seniority position of the applicants in the grade ... official respondents in consultation with DOPT and as per their advice in 2005, according seniority to the private respondents from the date of panel year
seniority list and after
examination of all the issues, the matter of fixation of inter-se-
seniority was referred to DoP&T for advice ... contend that, in accordance with DoPT's
advice, the final draft All India combined seniority lists of Inspector
Posts for the years
examined in consultation with the DoP&T. As per their advice, draft
seniority list was released on 7.8.2019 after carrying out necessary
corrections ... Matter was referred to the DoP&T for advice.
Accordingly, a draft seniority list was prepared based on DoP&T's
instructions
while preparing the seniority list. However, Rule 9 of the seniority rules has been relied upon to contend that relative seniority of persons appointed ... counsel contends that as per recruitment rules the seniority of applicant was settled after expert advice of the DoP&T insofar as methodology
advice. DOP&T rendered its
advice on 18.10.2013 in the following manner:
"a. Seniority of all direct recruits (outsider category
i.e. those ... advice of the then ASG was obtained who concurred with the
advice of the DOP&T. Based upon these opinions/advices, a final
seniority
final seniority list was issued on 16.10.2012,
rejecting representations against provisional seniority list on 19.10.2012.
The applicant had learnt about the advice ... been promoted under both modes that LDCE
and Seniority quota and under advice from DoP&T he was allowed to choose
the mode, which
Training avenues to the officers in the Courts and also in legal advice work.
(v) Uniformity of service conditions among officers of the Department ... streams; one constitutes those who give advice and the other one those who draft legislation. When separate seniority for both can be maintained separately
