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2021 (4) TMI 1320 - HC - Indian LawsValidity of seniority list of Inspectors - promotion of Inspectors to the post of Superintendents - the petitioners who had joined the department after the joining of the private respondents cannot be placed above them in the seniority list - HELD THAT:- It is a matter of fact that the seniority position in the present case was not finally settled when the judgment in the case of K. MEGHACHANDRA SINGH AND ORS. VERSUS NINGAM SIRO AND ORS. [2019 (11) TMI 1733 - SUPREME COURT] was delivered by the Hon’ble Supreme Court on 13th November, 2019. The impugned seniority list was issued on 15th March, 2018 and immediately thereafter, various representations were filed on behalf of the private respondents against the said seniority list. When no response was received on the said representations, the private respondents filed the OA before the CAT, challenging the said seniority list, from which the present petition arises. The CAT has correctly applied the dicta in K. Meghachandra Singh case in the present case and has proceeded to quash the seniority list to the extent it placed the petitioners above the private respondents. The fact that the CAT decision would impact the inter se seniority between the promotees and direct recruits (petitioners), is not the subject matter of the present petition, and therefore, need not be examined. It is also an admitted position that in the present case requisitions for the appointment of the petitioners were sent to SSC the recruiting authority on 11th February, 2015, after the private respondents had already joined the Delhi Commissionerate. Therefore, even in terms of OM dated 4th March, 2014, the petitioners cannot be placed above the private respondents. Petition dismissed.
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