CAT quashes all seniority lists of school lecturers issued after 2006
While upholding a seniority list prepared on July 31, 2006, for school lecturers, the Chandigarh Bench of Central Administrative Tribunal has quashed all subsequent seniority lists prepared by the Education Department, UT.
The tribunal passed the order on an application filed by lecturer Rupinder Pal Kaur through senior advocate DV Sharma and advocate Shivani Sharma, challenging all seniority lists prepared after 2006. Kaur, who retired as principal in 2022, had filed the case in 2018.
The tribunal also directed the DPI (Schools), Chandigarh Administration, to fix the seniority of the applicant on the basis of continuous length of service and notionally promote her from the date her juniors were given officiating charge as principal.
The applicant stated that she was appointed as a lecturer in economics in the PGT school cadre vide order dated July 20, 1990. After medical examination, she joined on July 23, 1990. She stated that there were no service rules for governing the conditions of service of lecturers (school cadre) and for determination of the seniority of lecturers appointed in various disciplines. A final seniority list of lecturers (school cadre) as on July 31, 2006, had been issued. Although the seniority list should have been prepared from the date of continuous length of service in the absence of the service rules, yet she felt satisfied with the final seniority list and did not challenge it.
Once a seniority list of the lecturers had been finalised, there was no occasion to issue any fresh seniority list, the applicant stated. However, a fresh provisional gradation list of lecturers (school cadre) as it stood on January 1, 2011, was issued, in which her name was at serial number 73 and the date of first appointment was mentioned as July 20, 1990. It clearly showed that the respondents had been preparing the seniority list as per their whims and fancies. After that many seniority lists were issued.
The department denied the allegations and stated that the competent authority was of the considered view that the provisional seniority list of lecturers issued on July 15, 2016, was just, fair and reasonable. It was also in accordance with the principle laid down in Rule (12) of Punjab Government College Cadre Rules, 1976. Accordingly, the department has decided to declare draft seniority list issued on July 15, 2016, as the final seniority list in respect of lecturers.
After hearing the arguments, the Bench comprising Suresh Kumar Batra, member (J), and Rashmi Saxena Sahni, member (A), stated that the first seniority list made in 2006 was most consistent and logical. The applicant relied upon judgments in which the Punjab and Haryana High Court had issued directions to fix seniority on the basis of the length of service. “Those decisions are applicable to the case. Hence, the seniority list dated July 31, 2006, is upheld and subsequent lists quashed. The respondents are directed to fix the seniority of the applicant on the basis of continuous length of service and notionally promote the applicant from the date her juniors were given officiating charge as Principal. Action in this regard be completed by the respondents within a period of two months from the date of receipt of a certified copy of this order,” the Bench ordered.
