Telecommunications Engineering Service (Group “B” Posts) Recruitment Rules, 1996 – Post of Sub-Divisional Engineer governed by 1996 Rules – Junior Telecom Officers eligible for promotion under two methods- 75% on the basis of seniority-cum-fitness and 25% on the basis of departmental competitive examination – In 2001, the appellant was promoted as Sub-Divisional Engineer under the seniority-cum-fitness quota – Department announced the Limited Departmental Competitive Examination (LDCE) for promotion for the 25% quota for vacancies after 22.07.1996 – Appellant also appeared in the Departmental Competitive Examination – Promotion order issued for the promotion of LDCE successful candidates – Promotions also made against the 75% category for the subsequent years – Seniority list of Sub-Divisional Engineers issued – Challenged in various Benches of Central Administrative Tribunal – In CAT, Chandigarh Bench, case titled Dewan Chand & Ors. vs. Union of India was filed wherein the Tribunal vide order dated 25.08.2009 quashed the seniority list and directed redrawing the seniority list – Appellant was not party to the said case – Appellant filed review petition before the Tribunal – Dismissed on 18.01.2010 – Writ Petition filed by the appellant challenging the orders dated 25.08.2009 and 18.01.2010 – Dismissed – SLP filed by the appellant – Dismissed with liberty to file review application before the High Court – Appellant filed review application – Rejected – On appeal, held: Present appeal is covered by three-Judge Bench judgment of Supreme Court dtd. 12.08.2014 in Rajesh Banta & Ors. vs. Dewan Chand & Ors. and BSNL vs. S.K. Dubey – Against the judgment of Tribunal dated 25.08.2009 in Dewan Chand vs. Union of India, a writ petition was filed in Punjab and Haryana High Court titled Rajesh Banta and others vs. Central Administrative Tribunal and others – Thus, in the said writ petition the same order of the Tribunal dated 25.08.2009 was under challenge which has been challenged by the appellant herein – Supreme Court vide order dated 12.08.2014, following judgment of the same day in BSNL vs. S.K. Dubey, dismissed the said writ petition which was filed challenging the order of CAT in Dewan Chand – Accordingly, writ petition filed by the appellant is also dismissed – Constitution of India – Art.309 – Service Law.
Service Law – Seniority – Determination of, by executive instructions vis-a-vis statutory rules – Held: Determination of seniority can be provided by the Executive instructions if the subject matter is not covered by the statutory rules.
Dismissing the appeal, the Court
HELD: 1.1 A perusal of Telecommunications Engineering Service (Group “B” Posts) Recruitment Rules, 1996 indicates that Rules, 1996 provides for the method of recruitment, age and other qualifications. The Rules which have been brought on record do not contain any provision relating to determination of seniority. The statutory Rules, 1996 being silent on the question of determination of seniority, for determination of seniority OMs dated 22.12.1959, 24.06.1978, 07.02.1986, 03.07.1986 and 07.02.1990 have to be looked into. Determination of seniority can be provided by the Executive instructions if the subject matter is not covered by the statutory rules. [Para 16][1023-B-C]
1.2 The present appeal is covered by three-Judge Bench judgment of Supreme Court dated 12.08.2014. Against the judgment of Tribunal in TA No.84-HR-2009, a writ petition was filed in Punjab and Haryana High Court being CWP No.5133/CAT of 2010 . Thus, in the said writ petition the same order of the Tribunal dated 25.08.2009 was under challenge which has been challenged by the appellant herein. Supreme Court by the judgment dated 12.08.2014 dismissed the writ petition which was filed challenging the order of the CAT in Dewan Chand. [Para 22][1026-C-D]
1.3 When three-Judge Bench of Supreme Court following the pronouncement in BSNL & Ors. vs. S.K. Dubey & Ors., judgment of the same day, dismissed the writ petition against the same very judgment of the CAT of Chandigarh Bench in Dewan Chand vs. Union of India, the fate of this appeal is sealed by the said judgment by dismissing the writ petition against the order of the Central Administrative Tribunal, Chandigarh Bench in TA No.84-HR-2009. The writ petition filed by the appellant has to meet the same fate. The controversy raised in this appeal is covered by three-Judge Bench judgment dated 12.08.2014. The present appeal deserves to be dismissed in view of the judgment of Supreme Court dated 12.08.2014 (Rajesh Banta & Ors. vs. Dewan Chand & Ors.) and judgment of the three-Judge Bench of this Court in BSNL & ors. vs. S.K. Dubey & Ors. decided on 12.08.2014. [Paras 23, 24][1027-D-G]
BSNL and Others v. S. Sadasivan and Others Judgment of Supreme Court dated 12.08.2014 in SLP(C)
No.35756 of 2012 ; Rajesh Banta & Ors. v. Dewan Chand & Ors. Judgment of Supreme Court dated 12.08.2014 in T.P (C) No. 184 of 2013 ; Bharat Sanchar Nigam Limited & Ors. Vs. S.K. Dubey & Ors. Judgment of Supreme Court dated 12.08.2014 in C.A.No.7830 of 2014 decided on 12.08.2014
– relied on.
Dewan Chand & Ors. v. Union of India Order of Central Administrative Tribunal, Chandigarh Bench in TA No.84-HR-2009; S. Sadasivan v. BSNL Order of Central Administrative Tribunal, Bombay Bench in TA No.6 of 2009; Thomas Zachariah v. BSNL Order of Central Administrative Tribunal, Ernakulam Bench in OA No.16 of 2009; V. Govindan v. Union of India Order of Central Administrative Tribunal, Ernakulam Bench in OA No.86 of 2009; Union of India v. N.R. Parmar (2012) 13 SCC 340 : [2012] 13 SCR 555; Rajesh Banta and Others v. Central Administrative Tribunal and Others CWP No.5133/CAT of 2010; Punjab and Haryana High Court v. State of Punjab AIR 2018 SC 5284 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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