In The High Court of Delhi at New Delhi W.P. (C) 3415/2014 & CM Nos.7029/2014, 28233/2017

$~16, 17, 18 & 19
* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3415/2014 & CM Nos.7029/2014, 28233/2017
UNION OF INDIA & ORS. ..... Petitioner
Through Dr.Ashwani Bhardwaj, Adv.
versus
D V SIDHMUKH & ANR. ..... Respondents
Through Mr.S.K. Gupta, Adv. with Mr.Vikram
Singh, Adv.
+ W.P.(C) 3520/2014 & CM No.7198/2014
versus
S S DAHIYA & ORS ..... Respondent
Singh, Adv.
+ W.P.(C) 5868/2014 & CM Nos.18438/2014, 14383/2014,
39192/2017 & 18437/2014
versus
D.P. BHATIA & ORS ..... Respondents
Singh, Adv.
Mr.Virendra Arora, Intervener.
+ W.P.(C) 2564/2015 & CM No.4585/2015
UNION OF INDIA & ORS ..... Petitioners
versus
R.S. DHATTARWAL & ORS ..... Respondents
Through Mr.S.K. Gupta, Adv.
WP (C) Nos.3415/2014, 3520/2014, 5868/2014 & 2564/2015 Page Nos.1 of 4
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 31.10.2017
C.M. No. 18438/2014 (by the petitioner u/S 151 CPC for placing on
record rejoinder) in WP(C) No. 5868/2014
1. With the consent of learned counsel for the respondents, the present
application is allowed. The relevant documents are permitted to be taken on
record.
2. The application is disposed of.
C.M. No. 18457/2014 (by the R-1 u/S 151 CPC for placing on record the
additional affidavit) in WP(C) No. 5868/2014
1. Learned counsel for the respondent states that he does not wish to
press this application.
2. The application is disposed of.
C.M. No. 28233/2017 (stay) in WP(C) 3415/2014
1. The present application has already been disposed of vide order dated
08.8.2017. The Registry is directed not to show the same as pending in the
cause list.
WP (C) Nos.3415/2014, 3520/2014, 5868/2014 & 2564/2015
1. By this common order, we propose to dispose of all the four petitions.
For the purposes of convenience, the facts of WP(C) No.5868/2014, have
been taken note of.
2. The petitioners-Union of India through Ministry of Finance/ Central
Board of Excise and Customs Department, Delhi, have filed the present
petitions praying inter alia for quashing the judgment dated 25th April, 2014
passed by the Central Administrative Tribunal, Principal Bench, New Delhi
(hereinafter referred to as “Tribunal”) in OA No1649/2013, filed by the
respondents herein who had sought extension of the benefit of the Order
dated 26th August, 1997 passed by the Tribunal in OA No.651/97 entitled
Shri I.C. Joshi & Ors. Vs. Union of India & Ors., duly affirmed by the
High Court of Delhi vide judgment dated 18 th February, 2009 and upheld by
the Supreme Court of India vide order dated 12th December, 2011.
3. By the impugned judgment, the Tribunal allowed the OA filed by the
respondents and extended the same benefits that were granted to the
applicant in OA No.651/1997.
4. Dr.Bhardwaj, learned counsel for the petitioners, submits that in view
of the recent judgment dated 2nd March, 2017 passed by a Co-ordinate
Bench in WP (C)No.5873/2016 entitled Union of India & Ors. Vs. N.D.
Azad & Ors., wherein the Union of India had assailed an order dated 21 st
August, 2015 passed by the Tribunal in OA No.3326/2013 wherein the
decision in the case of I.C. Joshi & Ors. (supra) was followed and it was
held that on Inter Commissionerate transfer, an officer would be placed at
the bottom of the seniority list, but for the purpose of eligibility, the service
rendered in the earlier Commissionerate would be counted. It was further
clarified that only if there are vacant posts and the seniors are not eligible for
promotion, then juniors would be considered and the said consideration
would be in accordance with the Rules. Further, the Division Bench had
clarified that while considering the eligibility of the respondents in the
captioned case, the service rendered by them in the earlier
Commissionerate before their transfer would be counted.
5. Learned counsel for the petitioners on instructions states that the
petitioners would be satisfied, if similar orders are passed in the present
cases as well.
6. Learned counsel for the respondents also states that he has no
objection to the present petitions being disposed of on the same lines and on
the same terms as per the judgment dated 2 nd March, 2017 in WP (C)
No.5873/2016.
7. Accordingly, the present petitions wherein a similar issue has arisen
for consideration, stand decided in terms of the judgment dated 2 nd March,
2017 passed in WP (C) No.5873/2016 and are disposed of with directions to
the petitioners to consider the case of the respondents on Inter
Commissionerate transfer by placing them at the bottom of the seniority list,
but when it comes to their eligibility, the services rendered by them in the
earlier Commissionerate would be duly counted. Further, if there are vacant
posts and the seniors are not eligible for promotion, then those who are
juniors should be considered in accordance with the extant rules.
8. The petitions and pending applications are disposed of while leaving
the parties to bear their own costs.
HIMA KOHLI, J
REKHA PALLI, J
OCTOBER 31, 2017/aa

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