PS Group B Seniority List - Implementation of Court Order in OA No.466/2020 (J Srinivasulu and others Vs UoI and others)
Subject: Implementation of Order in OA No.466/2020 (J Srinivasulu and others Vs UoI and others) in respect of seniority in PS Gr.B cadre - reg.
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No.9-02/2019-SPG-II Govermment of India Ministry of Communications Department of Posts (SPG-II Section) Dak Bhavan, New Delhi - 110001 Dated 12th July,2023 OFFICE MEMORANDUM
The undersigned is directed to refer this Departrnent OM No.9-02/2013-SPG dated 16.09.2014, wherein final seniority list (SL) of Postal Services Group'B' cadre officers as on 01.01.2012 (updated upto 30.04.2013) was issued. At the bottom of the said list, PS Gr.B officers promoted through LDCE (V.Y.-2011) {from Sl. No.736 to 759} followed by DPC 2012-13 promotees {from Sl. No.760 to 929} were incltded en-bloc.
2.Meanwhile, the 'post-based' vacancy calculation of LDCE (for the vacancy year 2011) was challenged by Sh. K Ramesh Babu & ors. before Hon'ble CAT, Hyderabad bench in OA No.554/2013. The Hon'ble CAT, Hyderabad bench vide order dated 10.03.2015 directed this Department to recalculate the vacancy in terms of the DoPT OM No. 14017/2/1997-Estt.(RR)/Pt. dt.19.01.2007 with further direction to consider the case of the applicants in the remained unfilled vacancies as they are already qualified in the LDCE held on 03.06.2012 with all consequential benefits. This was upheld by the Hon'ble High Court of Andhra Pradesh.
3. In the above litigation, this Department went in Appeal by filing SLP (C) No.24725 of 2017 before the Hon'ble Supreme Court and the Hon'ble Supreme Court vide order dated 10.10.2017 dismissed the said SLP in the following manner: "... We do not find any ground to interfere with the impugned order. The special leave petition is accordingly, dismissed. However, it is clarified that promotion which has already been given may not be disturbed but the respondents will be entitled to be considered against any final vacancies by making suitable adjustments in future in accordance with the inpugned judgment. "
4. In compliance of the above order, this Deptt. recalculated the vacancies for the LDCE (V.Y. 201l) and LDCE 2012-13 to 2016-17, wherein an additional 27 vacancies were given to the LDCE (V.Y. 2011). However, officers selected through LDCE (V.Y.-2011) were promoted notionally vide this Department Order No.9-34l201 1-SPG dated 19.06.2019.
5. Further, this Department vide letters No.9-02/2019-SPG-II dated 15.03.2019 and dated 04.11.2019 issued draft seniority list of PS Gr.B officers (updated as on 01.04.2017) in accordance with Para 2.4.1 of DoPT OM No.22011/7/86-Estt(D) dated 03.07.1986 read with DoPT OM No.200lll/l/20l2-Estt.(D) dated 04.03.2014 since there is no instruction of DoPT for preparation of inter se seniority list for officers being promoted through DPC and LDCE. In this draft SLs, PS Gr.B officers promoted in the year 2018 through LDCE (whose result declared on 26.02.2018, 10.04.2018, 26.04.2018 etc.) were included and placed before the PS Gr.B officers promoted through earlier DPCs held before 2018 and accordingly, the final SL issued in 2014 were required to be revised.
6. Aggrieved by the above decision ofthis Department, Shri J.Sreenivasulu and others filed O.A. No.466l2020 in the Hon'ble CAT, Hyderabad bench for restoration of their original seniority issued on 16.09.2014. The said OA was disposed of by the Hon'ble CAT, Hyderabad bench vide order dated 02.09.2020. The relevant excerpts ofthe Order are produced below: "Para-7(II): ...Hence, the respondents differentiating the applicants as promotees under 75% quota and the LDCE oficers under 25o% quota as direct recruits is against the recruitment rules. Both the category of oficers dre promotees Applicants were promoted lo the Group B cadre prior to the LDCE ofrcers. Thus, according to the General principles of seniority, applicants rank senior to the LDCE oficers. Para-7(V): ...K Meghachandra Singh judgment was delivered by the Hon'ble Apex Court on 19.11.2019 and hence, any final seniority list issued after the referred date ofjudgment will hove to be in congruence v,ith the loe laid therein, which makes it lucid that seniority cannot be claimed from a date when the incumbent is yet to be borne in the cadre. The LDCE officers were promoted subsequenl to the applicants getting promoted to the Group B cadre and on applying K Meghachandra Singh judgment applicants hqve to be placed above LDCE offcers, under reference, in the seniority list. Hence, the contention that K Meghachandra Singh is not applicable, is inconect.
Para-7(VI): ...Having made it clear that ofrcers promoted under 75% and 25% quota are promotees, the DOPT OM dated 3.7.1986 would become irrelevant because it speaks offixing seniority berween direct recruit s and promolees.
Para-7(X): Therefore, in view of the above, viewed from any angle, the action of the respondents is against rales and low. Hence respondenls' decision to revise the seniotity list of 2014 has to be construed to be against rules, arbitary and illegal- The revised draft senior lists issued on 15.3.2019/4.11.2019 are set aside. The OAfully succeeds. Consequently, respondenls are directed to consider as under:
i. Issue the Jinal seniority list by protecting the seniority of the applicants as was fixed in the seniority list published on 16.9.2014 in Group B cadre.
ii. After issue of the final seniority list, respondents to conduct DPC to promote those eligible to the Jtmior Time Scale in Group "A" cadre as per relevant rules and regulations of the respondents organisation as well as in accordotce with law.
iii. Time calendared to implement the judgment is months lrom the date ofreceipt of this order."
7. Against the order of the Hon'ble CAT, Hyderabad bench, this Department filed W.P.No.25l7112020 before Hon'ble High Court of Andhra Pradesh, wherein Hon'ble HC issued vide interim orders dated 03.03.2021 and dated 10.04.2022 directing this Department "that the promotional process may be undertaken by the petitioners in the light of the directions of the CAT, Hyderabad, however, subject to the results of the appeal and without equilies being created in favour of the respondents."
8. Pursuant to the aforesaid orders and judgement of Hon'ble Supreme Court, Ld. Addl. Soliciter General for India has rendered his considered opinion in the matter, which are as under:
"2. The Hon'ble Supreme Court of Indio while disposing of SLP Appeal (C) No.24725/2017 vide order dated 10.10.2017 has not considered the issue of inter-se seniority between the two groups i.e. officers promoted through DPC and LDCE mode, the Hon'ble Supreme Court held that promotions already made shall not be disturbed, the persons in whose favour the Hon'ble CAT gronted orders in OA No.554/2013 are to be accommodaled in future vacancies. Having followed the said direclions of the Hon'ble Supreme Court of India, the seniority is now fxed by the department in the year 2018, whereas earlier seniority list which was prepared in 2014 is directed to be followed for the purpose of promotions to be made during the pending of present Writ Petition i.e. W.P.No.25171/2020 with a clause that no lien, right or equities can be claimed by the persons promoted temporarily pending disposal of the Writ Petition.
3. Therefore, while making promotion tempororily without any accrued rights, pending disposal of the Writ Petition, in no woy violates the order ofthe Hon'ble Supreme court of India in SLP Appeal (C) No.24725/2017, dated 10.10.2017 and the Hon'ble CAT, Hyderabad Bench, order in OA No.466/2020 dated 02.09.2020. "
9. Further, the matter has also been examined in terms of the law laid by the Hon'ble Apex Court on 19.11.2019 in Civil Appeal No.8833-8835 of 2019 of K Meghachandra Singh & Ors Vs Ningam Siro & Ors by applying its principles in the case of DPC and LDCE recruits of PS Gr.B cadre.
10. The competent authority in this Department has decided to implement the interim orders of the Hon'ble High Court of Andhra Pradesh. Consequent upon implementation of the above orders, following further decisions have been taken and are conveyed as under:-
i. Seniority position ofPS Gr.B officers issued vide this Department letter No.9-02/2013-SPG dated 16.09.2014 shall not be disturbed. Accordingly, draft seniority list of PS Gr.B officers (updated as on 01.04.2017) issued vide letters No.9-02/2019-SPG-II dated 15.03.2019 and dated 04.11.2019 and letter No.9-06l2019-SPG-II dated 15.06.2020 have been withdrawn.
ii. Seniority List of PS Gr.B officers till 01.01,2023, in continuation of this Deptt. letter No.9-02/2013-SPG dt.16.09.2014 will be issued in compliance of interim Orders dated 03.03.2021 and dated 30.4.2022 of Hon'ble High Court of AP in WP No.25171/2020.
The said SL of PS Gr.B is subject to the W.P.No.25l7ll2020 and no lien, right or equities shall be claimed by the persons promoted pending disposal of Jhe Writ Petition.
iii. Promotion which has already been given before 10.10.2017 will not be disturbed in compliance ofApex Court order dated 10.10.2017.
iv. Accordingly, notional promotion given vide this Department Order No.9-34/2011-SPG dated 19.06.2019 has been withdrawn forthwith.
v. SLs for the V.Y. 2013-14 onwards i/r/o of PS Gr.B officers may be issued in accordance with en-bloc principle iri similar manner as done in SL issued in 2014 and with reference to permanent appointment in the PS Gr.B cadre in accordance with Rule-32-E of Postal Manual Volume-IV and principles of K. Meghachandra Singh judgment.
11. As per the above decision, following are hereby conveyed with the approval of the Competent Authority:
i. The draft SLs of PS Gr.B selected through the DPC 2012-13 Suppl. (Annexture-I) are hereby issued. The officers in this list placed below the officers in the list issued in 2014.
ii. The draft SLs of PS Gr.B 2013-14 to 2022 are hereby issued vide Annexure-II to Annexure-IX.
12. Any discrepancy with regard to details of officers in draft SLs w.r.t. name, their seniority, date of birth, date ofjoining, remarks etc. are to be intimated to SPG-II section of this Department within 15 days with supporting documents. The Circlefunits are requested to bring the above draft select lists to the notice of the individual officers and report the errors/ omissions, if any.
13. Following points shall be noted while fumishing the information:
(i) If any officer in the draft SLs has already been promoted to JTS cadre through DPC or not in PS Gr.B Line due to VRS, death, deputation, dismissal etc., full details of such cases with relevant records mav also be furnished.
(ii) If any officer included in the draft SLs is working in a Circle/Unit other than the one indicated against his/her name in the draft SLs, the Circlefunit concemed, where he/she is presently posted may fumish the above information without referring the matter to this office.
Encl. A/a.
(Hemant Kumar)
Assistant Director General (SPG)
To,
1. All CPMsG,
2. Director, RAKNPA/ Directors, all PTCs
3. Addl. DG, APS Directorate
4. GMs, Parcel/PLI/BD Directorate/CEPT.
5. GM, CEPT for uploading the OM on the India Post website.
6.Officers concemed though India Post Website.
7. Guard File
