REVISION OF ZONAL SENIORITY LIST AS PER N R PARMAR JUDGEMENT

                                                                                                                 Ref   : CESA/382014                                                                                                      Date : 30.05.2014

Shri V.S.Krishnan 
Chief Commissioner,
Central Excise,
Mumbai -I.

Respected Sir,

Subject:- Request for revising of zonal seniority list of Inspector Cadre from the year 1978 in light of Hon’ble Supreme Court decision dated 27/11/2012 in CIVIL APPEAL Nos. 7514-7515 OF 2005 CIVIL APPEAL No. 7516 OF 2005 & CIVIL APPEAL Nos. 3876-3880 of 2007 & Contempt Petition (C) NO. 526 OF 2013 in Civil Appeal 7516/2005- Reg

CR proposal of CBDT was notified but not implemented till date due to non-revising of seniority list of ITO. ITO officers filed the petition in the SC which is heard and the decision went in the favour of applicant but the said order dated 27.11.2012 was not implemented on being aggrieved the applicant filed the contempt petition for non-implementation of the said order. Meanwhile, just to escape from the contempt, DOPT has issued an OM dated 4^th March, 2014 as the date of hearing of contempt petition before SC was 5^th March, 2014. The Contempt Petition (C) NO. 526 OF 2013 in Civil Appeal 7516/2005 was disposed off on 9^th May, 2014 with the following direction: 

     "Learned counsel for respondent nos. 1 and 2 has invited this Court's attention to paragraph 2(xv) of the counter affidavit, which depicts that recommendations have been received from a Committee constituted for implementing the judgment rendered by this Court on 27.11.2012, and that  based on the   above   recommendations,   a   draft   tentative  seniority list has been prepared and circulated. It is further submitted that objections to the above tentative seniority list has since been received from the concerned employees, and that the same would  be  taken   into consideration  in preparing the    final    seniority list in consonance with the judgment dated 27.11.2012. To finalise the seniority list, learned counsel for respondent nos. 1 and 2 seeks four weeks' time.
     In view of the explanation tendered by the learned counsel representing respondent nos. 1 and 2, four weeks further time is granted to the respondents to take into consideration the objections filed by the employees concerned, so as to implement the order passed by this Court on 27.11.2012. Needless to mention, that respondent nos. 1 and   2   shall be  personally responsible, for ensuring compliance of the undertaking given to this Court, within the time specified.      

       Contempt petition stands disposed of in the above terms.

     Mr. P.S. Patwalia, learned senior counsel submits that the application for intervention filed by his clients may be dismissed as withdrawn with liberty to the applicants to avail other remedies, in accordance with law. We order accordingly.”

The judgement dated 27.11.2012 dealt with fixation of seniority of Direct Recruit Inspectors vis-à-vis promottee Inspectors i.e. “Recruitment Year i.e. Year of Vacancy is the relevant year for fixing seniority.

While fixing the seniority, the instructions / guidelines of DOPT OMs dated 7.2.1986 and 3.7.1986 are normally followed.  The apex court has dealt with both the OMs while passing the order.  The relevant para No.33 of the aforesaid judgment is as reproduced below:

“      33. Having interpreted the effect of the OMs dated 7.2.1986 and 3.7.1986 (in paragraphs 20 and 21 hereinabove), we are satisfied, that not only the requisition but also the advertisement for direct recruitment was issued by the SSC in the recruitment year in which direct recruit vacancies had arisen. The said factual position, as confirmed by the rival parties, is common in all matters being collectively disposed of. In all these cases the advertised vacancies were filled up in the original/first examination/selection conducted for the same. None of the direct recruit Income Tax Inspectors herein can be stated to be occupying carried forward vacancies, or vacancies which came to be filled up by a “later” examination/selection process. The facts only reveal, that the examination and the selection process of direct recruits could not be completed within the recruitment year itself. For this, the modification/amendment in the manner of determining the inter-se seniority between the direct recruits and promotees, carried out through the OM dated 7.2.1986, and the compilation of the instructions pertaining to seniority in the OM dated 3.7.1986, leave no room for any doubt, that the “rotation of quotas” principle, would be fully applicable to the direct recruits in the present controversy. The direct recruits herein will therefore have to be interspaced with promotees of the same recruitment year.”

From the above, it is crystal clear that both DOPT OMs are non-operational to the above extent and consequent relief to the officers affected be given. Further OM dated 4^th March, 2014 has also lost its sanctity after disposal of Contempt Petition by Hon’ble SC.

The above said judgement has given great relief to the ITO for fixing their seniority on the basis of year of vacancy i.e. Recruitment Year while fixing the seniority. The said judgment is law of the land as on date which has to be implemented in all the Central Government department including our department. The seniority of direct recruit Central Excise Inspector is firstly the subject matter is the OM issued by the DOPT which is a nodal body for all the central Govt. employees and secondly in the Department of Revenue (both CBEC and CBDT),  there can not be two sets of guidelines for similarly placed officers entering in the department by undergoing common recruitment examination conducted by Staff Selection Commission.

Hence, in light of the above, it is requested to revise and recast the Zonal Seniority list of Mumbai Zone for the direct recruit officers recruited through examination conducted by the Staff Selection Commission from the Year 1978 onwards as done in Income Tax and before implementation of CR. So that promotion can be made from the proper seniority lists and leaves no room for litigations and putting spanner in the smooth rolling of CR due to perpetuated injustice to the Mumbai officers on this count at least. As implementation of our CR is expected any moment of time, the date of DPC for promotion from Group-B to Group-A Cadre is likely to be fixed soon. Hence, before the DPC date is fixed, kindly resolve the revision of Seniority List so that the Mumbai Officer will be benefited on this account.

Thanking you,

Yours Sincerely,

(A.K.Sasmal)