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Smart Summary

Structured Summary: OA 521 of 2021 (Central Administrative Tribunal, Cuttack Bench)

Factual and Procedural Background

The applicant, Surya Madhaba Panigrahi, challenged the letter dated 29.10.2021 (Respondent No.5) which rejected his candidature for consideration for promotion to the Indian Administrative Service (IAS). The OA prays, inter alia, for quashing of letters dated 03.09.2021 (Annexure A/5) and 29.10.2021 (Annexure A/8) and for direction to Respondent No.2 (UPSC) to consider the applicant for appointment to IAS under the relevant rule while filling 14 IAS posts (SCS Cadre of Odisha) for the year 2020.

Relevant factual timeline as presented in the opinion:

  • On the basis of the Combined Competitive Examination, 1987 the applicant was appointed as Sub-Registrar instead of OAS; he challenged that appointment before the State Administrative Tribunal which decided against him on 22.03.2005.
  • The applicant obtained relief from the Orissa High Court (WP (C) No.12831 of 2005) in his favour; a subsequent review petition by the State and an SLP to the Supreme Court were dismissed.
  • By an order dated 09.10.2017 the applicant was granted benefits at par with Shri Dilip Routrai (OAS) retrospectively: appointed as OAS Class II w.e.f. 18.07.1990; OAS Group A (Senior Branch) w.e.f. 16.06.2011; and OAS (Super time scale) w.e.f. 30.07.2013. The applicant was later promoted to OAS (SAG) and OAS (Special Secretary) on 06.11.2017 and 18.06.2021 respectively.
  • The State Government sent a list of 42 State Civil Service officers (including the applicant and Shri Dilip Routrai) and APARs to UPSC by letters dated 02.08.2021 and 21.08.2021 for filling 14 IAS vacancies for select year 2020.
  • UPSC, by letter dated 03.09.2021 (Annexure A/5), declared the applicant not eligible on the ground that he had not completed eight years of continuous service as on 01.01.2021; Shri Dilip Routrai and other juniors were declared eligible.
  • The applicant submitted representations dated 14.09.2021 and 08.10.2021 (Annexures A/6 & A/7) which were forwarded by Respondent No.3 to Respondent No.5; Respondent No.5 disposed of the matter by letter dated 29.10.2021 (Annexure A/8), reiterating UPSC's stand. The present OA challenges that disposal.

Legal Issues Presented

  1. Whether the applicant should be treated as eligible for consideration for promotion to IAS for select year 2020 despite not having completed eight years of continuous service in actual service terms on the relevant cut-off date, because he was granted retrospective/notional seniority/benefits (at par with Shri Dilip Routrai) by earlier court/Government orders.
  2. Whether UPSC's rejection of the applicant's candidature on the basis of actual continuous service (rather than the notional/retrospective date) complies with the third proviso to Regulation 5(2) of the IAS (Appointment by Promotion) Regulations, 1955 and applicable judicial decisions.

Arguments of the Parties

Applicant's Arguments

  • The applicant contended that he was granted retrospective benefits at par with Shri Dilip Routrai by order dated 09.10.2017 and the benefit enjoyed by Shri Routrai must be deemed to have been granted to the applicant.
  • The applicant submitted that UPSC declared him ineligible on the ground of not having completed eight years of continuous service as on 01.01.2021, while declaring Shri Routrai and 34 juniors eligible; this, he argued, was discriminatory and violative of Article 16 of the Constitution.
  • The applicant pointed to his representations dated 14.09.2021 and 08.10.2021, and challenged the State/Respondents for forwarding and disposing his representation without adequately placing relevant records before UPSC.
  • The applicant relied on several authorities (listed in the OA) in support of the proposition that notional/retrospective dates of appointment/promotion must be considered for purposes of qualifying service for promotion.

Respondents' Arguments

  • Respondent Nos.3 & 5 (State of Odisha / State authorities) relied on the third proviso to Regulation 5(2) of the IAS (Appointment by Promotion) Regulations, 1955, which requires completion of eight years of continuous service in specified posts as on the first day of January of the year for which the select list is prepared; they asserted that the applicant actually joined the State Civil Service cadre only on 25.10.2017, and therefore had not completed eight years continuous service as on 01.01.2020.
  • Respondent Nos.2 & 4 (UPSC) explained the procedural sequence: vacancies determined by Government of India in consultation with State Govt; State Govt forwards proposal and after resolving deficiencies, the selection committee prepares the select list in terms of Regulation 5(2); after that, Regulations 6/6A/7 require observations from State and Central Govt. They noted that the State furnished a revised eligibility list dated 15.09.2021 excluding the applicant after UPSC called for revised list via letter dated 03.09.2021.
  • UPSC and State respondents contended that promotion to IAS from State Civil Service is governed by separate entry conditions including the mandatory requirement of eight years of substantive/officiating continuous service as Deputy Collector or equivalent, and therefore the applicant's case did not meet the statutory qualifying service on the relevant date.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Union of India vrs K. V. Jankiraman (1991) (as cited in the OA; reference includes "AIR 2010" in the text) The opinion lists this authority among those relied upon by the applicant; the provided text does not specify the precise rule/principle cited from it. The judgment is listed among applicant's citations; the Court's order does not describe a specific application of this precedent in its reasoning as set out in the provided text.
State of Kerala vrs E. K. Bhaskaran Pillai (Civil Appeal No. 7953/2004) The opinion lists this authority among those relied upon by the applicant; the provided text does not specify the precise rule/principle cited from it. No specific application of this case is described in the text.
Dr. T. K. Srinivasulu vs State of Andhra Pradesh (Andhra High Court) The opinion lists this authority among those relied upon by the applicant; the text does not state the exact principle cited. The provided opinion does not detail how this case was applied.
Ram Gopal vs UT Police Chandigarh (CAT, Chandigarh Bench) (OA No.1359/2017) Listed among authorities relied upon by the applicant in the OA; the specific principle from this authority is not described in the provided text. No explicit application of this decision is described in the Court's reasoning in the provided text.
Valsala Kumari Devi vs State of Kerala (WP (C) No. 3381/2015, Kerala High Court) Listed as a citation relied on by the applicant; the text does not specify the rule cited. The opinion does not describe a distinct application of this authority.
Smr. Hema Pant vs State of Uttarakhand (WP No. 1749/2017) Listed by the applicant; no specific principle identified in the opinion text. No specific application is set out in the provided judgment.
Rakesh Beniwal vrs Govt of NCT of Delhi (WP (C) No. 7423/2013, Delhi High Court) Listed among citations relied upon by the applicant; the provided text does not indicate the precise rule cited. The Court's order does not record application details for this precedent.
Narayan Chandra Mall vs State of Odisha (WP C 21923/2013, Orissa High Court) Listed as a citation relied upon by the applicant; the opinion does not specify the legal principle referenced. No explicit application of this case is recorded in the reasoning set out in the text.
G. Hanumantha Reddy vs Union of India (1996(3) SLR 234) Appears in the list of authorities relied on by both parties as reflected in the OA; the provided text does not explicate the rule cited. The OA notes this case as cited by both sides; the opinion does not describe a concrete application beyond noting its citation.
Sri Ramanjaneyulu vs UPSC (CAT, Hyderabad Bench) (OA No.1826/2000 batch cases) Establishes that where qualifying service for promotion exists, a notional/retrospective date of appointment/promotion may be taken into account for eligibility (i.e., notional promotion counts for qualifying service). The Court relied on this decision as directly on point and followed its reasoning: it held that notional date of appointment/promotion should be considered and that failure to do so perpetuates the initial injustice. The Cuttack Bench applied this principle to find the applicant eligible.
K.B. Rajoria (case referenced in the extract from Sri Ramanjaneyulu) In the extract, cited for the proposition that "regular service" may be determined with reference to notional promotion dates; regular service does not necessarily mean actual physical service only. The Hyderabad Bench's extract (quoted in the present opinion) relied on K.B. Rajoria to support counting notional promotion for qualifying service; the Cuttack Bench accepted and applied that reasoning by adopting the Hyderabad Bench's view.
M. Bhaskar (case referenced in the extract) Referenced in the extract as part of the jurisprudence considered; the text does not detail the specific rule. Mentioned in the Hyderabad Bench's discussion quoted by the Cuttack Bench; no separate application or analysis of M. Bhaskar is undertaken in the provided text.
S. Krishna Murthy v. General Manager, Southern Railway (AIR 1977 SC 1868) Quoted in the Hyderabad Bench extract to show that notional service/prior corrective action can be treated as qualifying service for future promotions. The Cuttack Bench reproduced and accepted the Hyderabad Bench's reliance on this Supreme Court authority to support the conclusion that notional service should be reckoned for qualifying service.
S.I. Rooplal & Others v Lt. Governor through Chief Secretary, Delhi [JT 1999 (9) SC 597] Authority on the doctrine of precedent and the obligation of a coordinate Bench to follow earlier decisions of another coordinate Bench or refer the matter to a larger Bench rather than overruling. The Court invoked S.I. Rooplal to emphasize judicial discipline and to justify following the Hyderabad Bench decision (Sri Ramanjaneyulu) rather than departing from it.
Tribhuvandas Purshottamdas Thakar v. Ratilal Motilal Patel [1968] 1 SCR 455 Quoted in the opinion extract concerning the importance of following earlier larger-Bench/coordinate-Bench decisions and the proper procedure if a judge disagrees (i.e., refer to a larger Bench). Used by the Court to support the proposition that coordinate Benches should follow established precedent or refer the issue to a larger Bench; applied to justify adherence to the Hyderabad Bench's ruling.
Lala Shri Bhagwan & Anr. v. Shri Ram Chand & Anr. (citation referenced in the opinion) Cited in the discussion about judicial propriety and the obligation to follow decisions of coordinate/superior benches; the opinion references the authority in that context. The opinion cites this authority in support of the principle of judicial decorum and the proper approach when a judge believes an earlier decision should be reconsidered; it is used to buttress the Court's adherence to precedent.

Court's Reasoning and Analysis

The Tribunal's analysis proceeded as follows (as reflected in the text):

  1. The Bench recognized the factual matrix and the core legal issue: whether the applicant's candidature could be rejected on the basis that he had not completed eight years of continuous service on the relevant date when he had been granted retrospective/notional seniority/benefits by earlier orders.
  2. The Bench observed that the issue was identical to that decided by the Hyderabad Bench of the Tribunal in Sri Ramanjaneyulu vs UPSC (OA No.1826/2000 batch cases), where the Hyderabad Bench held that where qualifying service for promotion exists, the notional date of appointment or notional date of promotion should be taken into consideration rather than the actual date of joining, so as not to perpetuate an initial injustice.
  3. The Tribunal quoted the Hyderabad Bench's extract which, in turn, relied on Supreme Court authorities (including K.B. Rajoria and S. Krishna Murthy) for the proposition that "regular service" may be determined with reference to notional promotion granted retrospectively and that notional promotion could be considered as regular appointment for the relevant purposes.
  4. The Bench noted that no higher forum had reviewed or set aside the Hyderabad Bench decision relied upon; accordingly, it found no ground to disagree with that view.
  5. To reinforce adherence to precedent, the Tribunal invoked the doctrine of precedent (S.I. Rooplal and related Supreme Court authorities) which requires coordinate Benches to follow earlier decisions of coordinate Benches or refer the matter to a larger Bench rather than openly disagreeing.
  6. On the basis of the foregoing, the Tribunal concluded that the respondents' rejection of the applicant's candidature on the ground that he had not completed eight years of continuous service (measured by actual date of joining rather than the notional/retrospective date) did not hold good.

Holding and Implications

Holding:

The impugned rejection of the applicant's candidature is quashed and the OA is allowed to the extent indicated.

Specific directives and immediate consequences:

  • The respondents/UPSC are directed to convene the review Departmental Promotion Committee (DPC) and consider the applicant's case for select year 2020 strictly in terms of rules and law within a period of 90 days from the date of receipt of a copy of this order.
  • No costs were awarded.

Broader implications:

The Tribunal followed existing coordinate-bench authority (CAT, Hyderabad in Sri Ramanjaneyulu) and Supreme Court dicta regarding notional promotion counting for qualifying service; the decision therefore applies that principle to the applicant's facts. The opinion does not purport to create a new precedent; rather it applies and follows prior authorities to remedy the applicant's exclusion. If broader change to the law were intended, that would require a different forum or a larger Bench; the present order enforces the established approach as applied to this applicant.

Note: This summary has been compiled strictly from the text of the provided judicial opinion. No information beyond the content of that opinion has been added or inferred.

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    SURYA MADHABA PANIGRAHI v. DEPARTMENT OF PERSONNEL AND TRAINING

    1 OA 521 of 2021

    CENTRAL ADMINISTRATIVE TRIBUNAL

    CUTTACK BENCH

    No. OA 521 of 2021 Present: Hon'ble Mr. Devendra Chaudhry, Administrative Member Hon'ble Mr. Swarup Kumar Mishra, Judicial Member Surya Madhaba Panigrahi, aged about 56 years, Son of Late Purna Chanra Panigrahi, House No. M/34, Manorama Estate, Rasulgarh, Bhubaneswar and presently working as Additional Commissioner, Settlement& Consolidation, Berhampur, At Courtpeta, PO Berhampur, Ganjam - 760004.

    ……Applicant

    VERSUS

    1. Union of India, represented through its Secretary to Government of India, Ministry of Personnel, Public Grievance and Pension, Department of Personnel & Training, North Block, New Delhi, PIN 110001.

    2. Union Public Service Commission represented through its Secretary, Dholpur House, Sahajahan Road, New Delhi, PIN

    110069.

    3. State of Odisha represented through Chief Secretary to Government of Odisha, Odisha Secretariat, Bhubaneswar, Dist Khurda, Odisha, PIN 751001.

    4. The Under Secretary (AIS), UPSC, Dholpur House, Shahjahan Road, New Delhi - 110069.

    5. Principal Secretary to the Govt. of Odisha, General Administration & Public Grievance Department, Lok Seva Sadan, Bhubaneswar, Dist Khurda - 751001. ……Respondents

    For the applicant : Mr. S.K.Ojha, counsel For the respondents: Mr.G.R.Verma, Sr.Standing Counsel for Govt. of India, Mr. J. Pal, Counsel for Govt. of Odisha

    Mr. S. B. Jena, counsel for UPSC.

    Heard & reserved on : 7.4.2022 Order on : 05.05.2022

    1

    O R D E R

    Per Mr.Swarup Kumar Mishra, J.M. The applicant challenging the letter dated 29.10.2021 issued by Respondent No. 5 rejecting his candidature for consideration for promotion to IAS has filed this OA praying for the following reliefs :

    I. To admit the OA & issue notice to the Respondents;

    II. To quash the letter dtd. 3rdSeptember, 2021 (Annexure A/5) and letter dated 29thOctober, 2021 (Annex. A/8) respectively;

    III. And accordingly, direct the Respondent No. 2, UPSC to consider the case of the applicant for appointment to IAS as per Rule 5 of Regulation, 1995 in terms of the list sent by the Resp. No. 3 & 5 in letter dtd. 02.08.2021 and under letter dated 21.08.2021 (Annex. A/4) while filling up of 14 posts of IAS (SCS Cadre of Odisha) for the year 2020;

    IV. To pass any other order/orders as deemed fit and proper.

    2. The fact of the case, in brief, as inter alia submitted by the applicant in the OA is that on the basis of the result of Combined Competitive Examination, 1987 he was appointed as Sub Registrar instead of OAS by Govt. of Odisha. Challenging the said appointment he had approached Learned State Administrative Tribunal, Cuttack Bench Cuttack which was disposed of and decided against the applicant on 22.03.2005. The applicant then approached Hon'ble High Court in WP (C) No. 12831 of 2005 which was decided in favour of the applicant. The applicant submitted that Govt. of Odisha filed review petition which was dismissed and SLP filed before Hon'ble Apex Court too was

    2

    dismissed. Thereafter vide order dated 09.10.2017 the applicant was granted benefit at par with one Shri Dilip Routrai, OAS (S) to the effect against Recruitment Year of being appointed as OAS Class II w.e.f. 18.07.1990, OAS Group A (Senior Branch) w.e.f. 16.06.2011 and OAS (Super time scale) w.e.f. 30.07.2013. The applicant submitted that during the efflux of time, he was promoted to the rank of OAS (SAG) & OAS (Special Secretary) from 06.11.2017 & 18.06.2021 respectively at par with Shri Dilip Routrai.

    3. The applicant submitted that Govt. of Odisha had sent names/APARs of

    42 SCS officers including his and Shri Dilip Routrai name to UPSC vide letter dated 02.08.2021 & 21.08.2021 (Annexure A/4) for filling up of 14 vacancies of IAS. The applicant submitted that UPSC without calling for any report from the Govt. of Odisha and without due application of mind declared the applicant not eligible on the ground that the has not completed 08 years of continuous service as on 01.01.2021 while declaring Shri Dilip Routrai and other juniors to the applicant as eligible vide letter dated 03.09.2021 (Annexure A/5). The applicant submitted that in compliance of order of Hon'ble High Court of Orissa upheld by Hon'ble Apex Court, he was granted benefits at par with Shri Dilip Routrai vide notification dated 09.12.2017 which means benefit granted/enjoyed by Shri Routrai is deemed to have been granted to the applicant. He further submitted that apart from Shri Routray, 34 other juniors have been enlisted for consideration and the stand of respondents (UPSC) that the has not completed eight years of continuous service is violation of provision under Article 16 of the Constitution of India. The applicant submitted that he

    3

    had filed an exhaustive representation dated 14.09.2021 & 08.10.2021 (Annexure A6 & A/7) to Respondent No. 3 who instead of forwarding it to Respondent No. 2 forwarded it to Respondent No. 5 which was disposed of without any conversation with the UPSC placing before them any relevant letters and was disposed of vide letter dated 29.10.2021 (Annexure A/8) reiterating the stand taken by UPSC in letter under Annexure A/5. Hence this

    OA.

    4. Respondent No. 3 & 5 in their counter inter alia averred that third proviso to regulation 5 (2) of the IAS (Appointment by Promotion) Regulations, 1955 states that the committee shall not consider the case of the member of State Civil Service unless, on the first day of January of the year for which the Select List is prepared, he has completed eight years of continuous services (whether officiating or substantive) in the post of Deputy Collector or in any other post or posts declared equivalent thereto by the State Government. The respondents submitted that since the applicant was appointed to SCS cadre retrospectively w.e.f. 18.07.1990, but he actually joined the SCS cadre only on 25.10.2017. Thus, the applicant had not completed eight years of continuous service in the SCS cadre as on 01.01.2020 to be considered for select list year 2020. Hence they have prayed for dismissal of the OA.

    5. Respondent Nos. 2 & 4 (UPSC) in their reply statement have inter alia averred that as per Regulation 5 (1) of the promotion regulation, the number of vacancies against which selection is made for a particular select list is determined by Govt of India in consultation with the State Govt. Thereafter

    4

    State Govt forwards the proposal to the Commission (UPSC) and after resolving the deficiencies in the proposal, the selection committee prepares the select list as per the provisions of Regulation 5 (2) of the promotion regulations. It is submitted that after preparation of the select list by the committee, as per Regulation 6 and 6 A of the promotion regulations, the State Govt and Central Govt are required to furnish their observations on the recommendations and after taking into consideration the observation, the Commission takes a final decision on the recommendation of the selection committee with or without modification in terms of the provisions of Regulation 7. The respondents submitted that in the list sent by Govt. of Odisha vide their letter dated 02.08.2021 the name of the applicant was included as per court direction and the state govt intimated that he has been appointed in the State Civil Service cadre w.e.f. 18.07.1990 but has actually joined the State Civil Service cadre w.e.f. 25.10.2017. Since the applicant had not completed requisite eight year of continuous service as on 01.01.2020 as required under third Proviso to Regulation 5 (2) of the Promotion Regulation, revised eligigbility list was called vide letter dated 03.09.2021. In response to the said letter, State Govt furnished a revised eligibility list excluding the name of the applicant vide letter dated 15.09.2021. The respondents further submitted that the promotion of State Civil Service Officers to the IAS into IAS is entirely different set of service governed by its own entry conditions, one of them being mandatory functioning of minimum eight years of substantive/officiating continous service as Deputy Collector or equivalent. Hence they have prayed for dismissal of the OA.

    5

    6. Learned counsel for the applicant relief on the following citations including the following:

    a) Hon'ble Supreme Court in Union of India vrs K. V. Jankiraman (1991)

    AIR 2010.

    b) Hon'ble Supreme Court in State of Kerala vrs E. K. Bhaskaran Pillai Civil Appeal No. 7953/2004.

    c) Hon'ble Andhra High Court in Dr. T. K. Srinivasulu vs State of Andhra Pradesh.

    d) CAT, Chandigarh Bench in OA No. 1359/2017 Ram Gopal vs UT Police Chandigarh.

    e) Hon'ble High Court of Kerala in WP (C) No. 3381/2015 (Valsala Kumari Devi vs State of Kerala)

    f) Hon'ble High Court of Uttarakhand in WP No. 1749/2017 Smr. Hema Pant vs State of Uttarakhand

    g) Hon'ble High Court of Delhi in WP (C) No. 7423/2013 Rakesh Beniwal vrs Govt of NCT of Delhi.

    h) Hon'ble High Court of Orissa in WP C 21923/2013 (Narayan Chandra Mall vs State of Odisha)

    i) Hon'ble Andhra Pradesh High Court in G. Hanumantha Reddy vs Union of India 1996(3) SLR 234.

    j) CAT, Hyderabad Bench in Sri Ramanjaneyulu vs UPSC in OA No. 1826/2000 batch cases.

    7. Learned counsel for the respondent relied on the following citations including the following:

    a) Hon'ble Andhra Pradesh High Court in G. Hanumantha Reddy vs Union of India 1996(3) SLR 234.

    6

    8. After giving thoughtful to the various arguments advances by the parties we have perused the pleadings and documents/rules/judgment relied on by respective parties. The issue in the instant case was exactly the issue before the Hyderabd Bench in the case of Sri Sri Ramanjaneyulu vs UPSC in OA No. 1826/2000 batch cases. Viz where there is a qualifying service for promotion the notional date of appointment or notional date of promotion was to be taken into consideration and after due discussions and deliberations the Hyderabdn Bench of the Tribunal had held that that there can be no good reasons for taking into consideration the actual date of promotion in the feeder cadre for the purpose of making state service employee to be eligible for consideration for selection to IAS.

    9. The relevant portion of the judgment of CAT, Hyderbad Bench in Sri Ramanjaneyulu (supra) is extracted below:

    "18. The judgement of the Supreme Court in K.B.Rajoria's case (supra) also lends support to the view that regular service does not mean actual service only and the eligibility could be determined with reference to the notional promotion granted from a retrospective date. In that case, one officer was wrongly superseded in 1995 for promotion as Additional Director General. The wrong was set-right by the order dated 10.6.98 by granting him promotion retrospectively with effect from 22.2.95. In January 1999, he was considered for further promotion as Director General. The Recruitment Rules provide "two years regular service" as eligibility condition for promotion as Director General. The Officer did not fulfil the condition of two years if his date of actual promotion was reckoned i.e, 10.6.98, but fulfilled this condition if the period was reckoned from the date of notional promotion i.e, 22.2.95. The Supreme Court held that the regular service' in the grade did not mean actual physical service and that notional promotion could not be considered as irregular. By giving the officer notional promotion with effect from 22.2.95 the officer in fact was regularly appointed to that post, on that date. The Court also referred to the decision in M.Bhaskar's case (supra) and clarified that the eligibility criteria in that case was two years experience. and on

    7

    that point, the case was distinguished. In the above cases viz., Sitaram Raghunath Kapse and K.B.Rajoria (supra), the learned judges have stressed the point that where a mintake initially committed having been set-right and justice was done to the officern, it would amount to perpetuating the mistake committed/injustice done. If the corrected dates were not given effect for promotion.

    19. In "S.Krishna Murthy Va. General Manager. Southern Railway: AIR 1977 sc 1868", the appellant was not considered for absorption as Traffic Inspector along with other similarly situated employees and the Hallway Administration discovering the injustice. set-right the error subsequently. But by that time, others have been promoted as Traffic Inspectors and the appellant was not. In those circumstances, the Supreme Court held that.

    "The appellant has a future and hopefully looks forward for promotion. It is, in our view, right and reasonable that for purposes of promotion, seniority will be reckoned from 20th December, 1967 but for qualifying period, if there is such a condition for promotion, his notional service from 1st January, 1959 will be considered."

    Thus, we find that in all the above cases where there is a qualifying service for promotion, the notional date of appointment or the notional date of promotion was taken into consideration and the courts in all the cases uniformly held that failure of the same would only perpetuate the injustice initially committed. No other judgements have been cited by the respondents in support of their contention.

    20. In fact the actual dates of appointment of the applicants herein, as Deputy Collectors were invalid and unlawful. The correct dates of their appointment of promotion have been finally assigned by the Government and hence for all purposes, thereafter those dates have to be taken into consideration. There can be no good reason for taking into consideration the actual dates of their appointment for promotion to IAS. If that were to be done. we would be only undoing the right done to them by the Government. It should also be remembered that the respondents are not disputing the deemed date of appointment.

    21. In view of the foregoing discussion, we hold that all the applicants are eligible for inclusion in the select list of the site Civil Service Officers for the years 1998, 1999 and 2000 to be considered by the Select Committee which met en 15.12.2000 and 16.12.2000 on they had completed 8 years of continuous service in the cadre of Deputy Collectors in terms of 3rd proviso to Regulation 5(2) of the

    8

    Promotion Regulations. As it is now stated that in pursuance of the direction issued by the Hon'ble High Court, all the applicants have been considered and their results have been withheld, the respondents are directed to declare the results within a period of 30 days from the date of receipt of a copy of this order.

    22. The OAs are accordingly allowed. In the circumstances, we do not order costs."

    10. It is not the case of the respondents that decision of the Hyderabad Bench has been reviewed or set aside by Tribunal or in any higher forum. We do not find any ground/new ground to differ/disagree with the view taken by the Hyderabd bench of the Tribunal. The doctrine of precedence has been well enunciated by Hon'ble Apex Court in the case of S.I. Rooplal & Others v Lt. Governor through Chief Secretary, Delhi [JT 1999 (9) SC 597] where H'n'ble Supreme Court had held:

    "At the outset, we must express our serious dissatisfaction in regard to the manner in which a coordinate Bench of the tribunal has overruled, in effect, an earlier judgment of another coordinate Bench of the same tribunal. This is opposed to all principles of judicial discipline. If at all, the subsequent Bench of the tribunal was of the opinion that the earlier view taken by the coordinate Bench of the same tribunal was incorrect, it ought to have referred the matter to a larger Bench so that the difference of opinion between the two coordinate Benches on the same point could have been avoided. It is not as if the latter Bench was unaware of the judgment of the earlier Bench but knowingly it proceeded to disagree with the said judgment against all known rules of precedents. Precedents which enunciate rules of law from the foundation of administration of justice under our system. This is a fundamental principle which every Presiding Officer of a Judicial Forum ought to know, for consistency in interpretation of law alone can lead to public confidence in our judicial system. This Court has laid down time and again precedent law must be followed by all

    9

    concerned; deviation from the same should be only on a procedure known to law. A subordinate court is bounded by the enunciation of law made by the superior courts. A coordinate Bench of a Court cannot pronounce judgment contrary to declaration of law made by another Bench. It can only refer it to a larger Bench if it disagrees with the earlier pronouncement. This Court in the case of Tribhuvandas Purshottamdas Thakar v. Ratilal Motilal Patel, [1968] 1 SCR 455 while dealing with a case in which a Judge of the High Court had failed to follow the earlier judgment of a larger Bench of the same court observed thus:

    "The judgment of the Full Bench of the Gujarat High Court was binding upon Raju, J. If the learned Judge was of the view that the decision of Bhagwati, J., in Pinjare Karimbhai's case and of Macleod, C.J., in Haridas `s case did not lay down the correct Law or rule of practice, it was open to him to recommend to the Chief Justice that the question be considered by a larger Bench. Judicial decorum, propriety and discipline required that he should not ignore it Our system of administration of justice aims at certainty in the law and that can be achieved only if Judges do not ignore decisions by Courts of coordinate authority or of superior authority. Gajendragadkar, C.J. observed in Lala Shri Bhagwan and Anr, v. Shri Ram Chand and Anr.

    "It is hardly necessary to emphasis that considerations of judicial propriety and decorum require that if a learned single Judge hearing a matter is inclined to take the view that the earlier decisions of the High Court, whether of a Division Bench or of a single Judge, need to be re- considered, lie should not embark upon that enquiry sitting as a single Judge, but should refer the matter to a Division Bench, or, in a proper case, place the relevant papers before the Chief Justice to enable him to constitute a larger Bench to examine the question. That is the proper and traditional way to deal with such matters and it is founded on healthy principles of judicial decorum and propriety."

    We are indeed sorry to note the attitude of the tribunal in this case which, after noticing the earlier judgment of a coordinate Bench and after noticing the judgment of this Court, has still thought it fit to proceed to take a view totally contrary to the view taken in the earlier judgment thereby creating a judicial uncertainty in regard to the declaration of law involved in this case. Because of this approach of the latter Bench of the tribunal in this case, a lot of valuable time of the Court is wasted and parties to this case have been put to considerable hardship."

    11. In view of the foregoing discussion made above, we are of the view that rejection of candidature of the applicant as he does not complete eight years of

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    continuous service in terms of 3rdproviso to Regulation 5 (2) of IAS (Appointment by Promotion) Regulations, 1955 does not hold good. Hence the impugned order is quashed. The respondents/UPSC are directed to convene the review DPC and consider the case of the applicant as against the select year 2020 strictly in terms of rules and law within a period of 90 days from the date of receipt of copy of this order.

    12. The OA is accordingly allowed to the extent above. No costs.

    (SWARUP KUMAR MISHRA) (DEVENDRA CHAUDHRY)

    MEMBER (J) MEMBER (A)

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