Central Administrative Tribunal upholds combined seniority list of lecturers for promotion

The Chandigarh Bench of the Central Administrative Tribunal (CAT) has upheld a consolidated seniority list of the lecturers prepared by the Education Department for promotion to the post of principal.

Four lecturers of the schools approached CAT in 2018, challenging the final seniority list of lecturers (school cadre) as on July 1, 2016, to the extent that it was related to lecturers of July 20, 1990, direct recruits’ batch. They prayed for issuance of directions to the department to prepare the seniority list of direct recruit lecturers (school cadre) of the batch of July 20, 1990, including the applicants and marks available with the respondents as per merit i.e. marks secured at the time of direct appointment and not by rank-wise grouping.

They said that the rank was nothing but the position given by the committee at the time of interview. They also prayed before the Bench to issue directions to make regular promotions to the post of principal only after preparing the seniority list of direct recruit lecturers (school cadre) on merit and they should be held entitled to all consequential benefits and relief from the due dates, including promotions to the post of principal.

On the other hand, respondents justified the decision. The department said that since there were no rules governing the fixation of seniority at the time of appointment of the applicants and other similarly placed lecturers, their seniority was required to be fixed in terms of order of the Government of India dated January 14, 1960.

After hearing the arguments the Bench comprising Ramesh Singh Thakur member (J) and Anjali Bhawra Member (A) said, “The tribunal has observed that lecturers (school cadre) are from different streams and the interviews are to be conducted by the selection committee, where a specialised member on the subject is in the committee. This tribunal is of the view that the person from different subjects may have different merits in their subjects, but for promotion to the post of principal, the respondents have prepared the consolidated seniority list.”

“The respondents have adopted the method as has been done in the case of college lecturers under rule 12 of the Punjab Government College Cadre Rules, 1976, and also on the basis of Government of India order dated January 14, 1960. The tribunal is of the view that the method adopted by the respondents for preparing the selection list is fair and just. Needless to say that all lecturers are from different streams and for the recruitment to the post of principal, different streams of lecturers are eligible. The respondents have issued the instructions qua the determination of inter se seniority in different streams of lecturers on the basis of a method adopted as indicated above and the same is rational. In view of such a position, there is no merit in the application and the same is dismissed,” the tribunal added.