CAT quashes seniority lists of school lecturers issued after 2006

Upholding the seniority list prepared on July 31, 2006, for school lecturers, the Chandigarh Bench of the Central Administrative Tribunal (CAT) has quashed all subsequent seniority lists prepared by the Education Department of Chandigarh.

It passed the order on an application filed by lecturer Rupinder Pal Kaur through DV Sharma, a senior advocate in 2018, challenging all seniority lists prepared after 2006. She had retired as a principal in 2022.

The tribunal also directed DPI (Schools), Chandigarh Administration, 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.

Rupinder Pal Kaur urged the tribunal to fix her seniority and those of other lecturers (school cadre) on the basis of continuous length of service in the absence of statutory rules.

She was appointed a lecturer in the PGT cadre on July 20, 1990, and after a medical examination, gave the joining report on July 23. No service rules had been framed for governing the conditions of service of lecturers and for determination of seniority.

A final seniority list of lecturers as on July 31, 2006, had been issued. Although the list should have been prepared from the date of continuous length of service in the absence of service rules, she was satisfied with the list.

Once the seniority list had been finalised, there was no occasion to issue a fresh list. However, a fresh provisional Gradation List of Lecturers, as it stood on January 1, 2011, was issued. In this list, her name was shown at Serial No. 73 and date of first appointment as July 20, 1990.

It showed that the respondents had been preparing the seniority list as per their whims. Subsequently, many seniority lists were issued.

The department denied the allegations and said the competent authority was of the considered view that the provisional seniority list of lecturers, issued vide letter dated July 15, 2016, was fair and reasonable. It was also in accordance with the principle laid down in Rule (12) of the Punjab Govt College Cadre Rules, 1976. Accordingly, the department decided to declare a 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), said the first seniority list made in 2006 was consistent and logical. The applicant has relied upon judgments in which the high court had issued directions to fix seniority based on the length of service.

"These decisions, we find, are applicable to the case. Hence the seniority list dated July 31, 2006, finalised after confirmation is upheld and subsequent lists are quashed," it said.

The respondents were directed to fix the seniority of the applicant on the basis of the length of service within two months from the date of receipt of a certified copy of the order.