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2018 (10) TMI 1956 - SC - Indian LawsInter se seniority dispute between three streams of Punjab Superior Judicial Service - officers promoted on the basis of merit-cum-seniority under 50% quota (promotees) - direct recruits under 25% quota (direct recruits) - officers promoted on the basis of limited departmental competitive examination under 25% quota (as it then existed) (out of turn promotees) - HELD THAT:- The seniority list dated 24.12.2015 is to be set aside. After setting aside the seniority list, two courses are open. Firstly, to remit this matter to the High Court again to re-cast the seniority list as per our direction and secondly, to finalize seniority list in this judgment itself. We choose to adopt the second course for two reasons: a) Already period of three years has elapsed when the tentative seniority list was published. Finalisation of seniority as early as possible is essential and necessary for administration of justice. b) There is no dispute regarding inter-se-seniority of the promotees Under Rule 7(3)(a) and issue pertaining to inter-se-seniority of out of turn promotees and direct recruits have already been finalized by us. Only exercise which is to be undertaken is to place officers of three streams in accordance with the roster as indicated in Appendix-B. All appeals are allowed in following manner: 1) The Division Bench judgment of the High Court so far as it holds that roster is applicable in the determination of seniority of members of superior judicial service is upheld. 2) The judgment of the Division bench of the High Court holding that fifteen promotees Under Rule 7(3)(a) were beyond the quota and shall take position at the bottom of the seniority list is set aside. 3) The seniority list dated 24.12.2014 is set aside. The list of 35 officers arranged as per Roster as indicated above shall be treated as final Seniority list of the officers recruited in the year 2008.
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