Question: My department has prepared a faulty seniority list for the year 2017. It is against the officers who have been promoted to the post. The officers of direct recruitment have gotten an edge over the promotees. We have been suffering huge losses on account of such a faulty seniority list.
Asked from: Uttar Pradesh
There is a fixed quota of vacancies reserved for the direct recruitment and promotion respectively. Therefore, if any vacancy remains unfilled in the respective quota it shall carry forward for the next year. In the next vacancy year the rule of quota shall apply thereto in the same manner.
Principle for preparing inter se seniority list
If the department fills the unfilled quota of promotees from the officer of direct recruitment or the vice versa, it is illegal and against the office memorandum 4-03-2014. When the department commits mistake or deliberately ignores the principle of inter se seniority consequently officers of direct recruitment have been placed above the promotees such a seniority list is illegal and liable to be quashed.
This is against the dictum laid down by the Supreme Court in N.R. Parmar Vs. Union of India and Ors., (2012) 13 SCC 340. The Supreme Court thus held that the basic principle for determining the seniority shall be the rotation of vacancies between direct recruits and promotees.
The Supreme Court in K. Meghachandra Singh & Ors. Vs. Ningam Siro & Ors. (2020)5 SCC 689 has categorically held that a person cannot be entitled to claim seniority from the date he was not in government service.
Therefore, if the officer of direct recruitment has been placed in the seniority list in promotee quota for the year to which he was not in service, his seniority is illegal.
In this situation you should file an original application before the Central Administrative Tribunal. You should demand for quashing or set aside of impugned final or draft seniority list as the case may be.