NO DPC, NO PROMOTION WITHOUT REVISION OF SENIORITY LIST

Mr. Manoj Jain & other 28 Preventive Officers, Mumbai & Goa, filed OA No.692/2013 & 741/2013 respectively in Mumbai CAT for implementation of Parmar’s Case for revision of the seniority list. Mr. Manoj Jain of his own prepared the OA and argued his case in person. The Hon’ble CAT Mumbai has passed judgment and quashed prevailing Seniority List of Preventive Officers of Mumbai Customs and given the direction to redraft and finalize the Seniority List within 3 months’ time and not to hold any DPC for promotion till the Seniority List is revised in terms of present CAT Order.

CESA appreciate and salute the spirit and dynamic efforts of Mr Jain to fight the case single handedly and clarificatory  on DoPT OM dated 04.03.2014 which is mischievous one. CESA expect such type of dashing activists in our Cadre also.

Dear viewers said case is settled on 06.05.2014 i.e. prior to the disposal of contempt petition of non-implementation of N R Parmar case by the Hon’ble Apex Court. In the Hon’ble Apex Court, the OM dated 04.03.2014 was even ignored by the CBDT.

The relevant paras are reproduced below:

“Para:38 During the course of arguments, it was contended by the learned Advocate for the respondents that the recent OM dated 04.03.2014 and particularly sub-clause(h) of clause 5 thereof referred to above, giving prospective effect to the judgment in Parmar’s case, has not been challenged by anybody so far nor DOPT has been made a party to this proceeding and as such, it is not open for this Tribunal to adjudicate upon the said clause. Accordingly to the learned Advocate, this clause will remain in the OM unless it is challenged and is set aside by this Tribunal or the Hon’ble High Court or the Hon’ble Supreme Court as ultra-vires. Para:39   We do not find any force in the above contention for the simple reason that the said clause in incorporated in contravention of the decision of the Hon’ble Supreme Court in Parmar’s case, since there is nothing in the judgment to indicate that it will have prospective application only, as stated earlier repeatedly. This being the position, the revised seniority list will have to be prepared by implementing the Parmar decision of the Hon’ble Apex Court in Parmar’s and ignoring the said clause (h) of clause 5 of OM dated 04.03.2014.
Para:40   With the above discussion, we conclude and proceed to pass the following operative order.
Para:41(a) Both the OA No.741/2013 & 692/2013 are partly allowed.
       (b) The impugned combined seniority list, Annexure A-1, dated 17.12.2012 and Annexure A-2 dated 01.04.2013 are hereby quashed and set aside.
       (c) Consequently, the respondents are directed to prepared a fresh draft seniority list of Inspectors (Preventive Officers)  of direct recruits and promote officers by strictly following the judgment rendered by the Hon’ble Supreme Court in Parmar’s case referred to above and by ignoring clause 5(h) of recent DOPT’s OM dated 04.03.2014 Annexure R-1.
      (d) The Respondents shall place the applicants and other similarly placed direct recruits at appropriate slots in the revised seniority list according to their recruitment years.
      (e) On preparation of the draft revised seniority list as above, the same be published inviting objections to it and after considering the same a single final / approved combined seniority list of Inspectors (Preventive Officers) of Bombay and Panaji, Goa Customs Office be prepared and issued.
      (f) The above exercise should be done within a period of three months from the date of receipt of the copy of this order.
      (g) It is needless to say that till the above exercise is done, it will not be appropriate to permit the respondents to hold and DPC on the basis of impugned seniority lists, which are now quashed and set aside, although, we are aware of the fact that large number of promotion posts are lying vacant and the process to fill up the same is held up, on account of the interim order passed by this Tribunal.”