Through Video Conferencing

Heard Mr. N. Vijay, learned counsel for the applicants and Mrs. K. Rajitha, learned Sr. Central Govt. Standing Counsel for Respondents, who takes notice and seeks two weeks time to file reply.

2.    MA No.259/2020 for seeking permission to file a single OA is allowed subject to payment of Rs.50/- by each applicant. Register the OA.

3.    Applicants are Group ‘B’ officers selected through DPC held in 2012 and they joined the Group B cadre in 2013. Seniority list was finalised in 2014. Thereafter, on 4.11.2019, the respondents have revised the seniority based on the ratio in N.R.Parmar Case. Aggrieved, OA 205/2020 was filed wherein respondents were directed to take into consideration the latest Judgment of Hon’ble Supreme Court in K. Meghachandra Singh & ors v. Ningam Siro & Ors in Civil Appeal No. 8833-8835 of 2019 and dispose of the representations made by the applicants. Respondents turned down the representations vide impugned order dt. 08.07.2020 claiming that they are awaiting instructions from DOPT in regard to K. Meghachandra Singh judgment. Ld. Counsel for the applicants submitted that the respondents are likely to consider the latest revised seniority list drawn on 04.11.2019, which is violative of law laid down in K. Meghachandra Singh case, for conducting DPC to consider promotions to Group ‘A’. Applicants are due for promotion to Group ‘A’ and some of them are also at the verge of retirement. Hence, the urgency to conduct DPC based on the seniority list drawn on 16.09.2014.

4.    Learned Sr. Central Govt. Standing Counsel, in response, submitted  that the Department is awaiting instructions from the DoP&T and that the DPC may not be held in the near future. However, as it is a matter concerning promotion with the law in regard to seniority laid down afresh  by the Hon’ble Supreme Court in K. Meghchandra Singh case, it would be fair and appropriate to direct the respondents to keep the seniority list  drawn on  04.11.2019 in abeyance till Ld. respondents counsel reverts with standing instructions from the respondents,  so that there is no irreparable injury caused to the cause of the applicants in regard to their promotion to the Group ‘A’ grade.   

5.   Post the case on 21.08.2020 for instructions / reply.