Tribunal quashes seniority list of constables changed after 32 yrs

In a significant decision, the Chandigarh Bench of the Central Administrative Tribunal has quashed the seniority list of the constables (wireless) released on June 26, 2020, and directed the UT Administration and DGP Police to consider the case of the applicant for the post of regular ASI (wireless). The Bench comprising Suresh Kumar Batra and Rashmi Saxena Sahni (members) has passed the order on an application filed by ASI (ORP) Satish Kumar through counsel Rohit Seth.

In the application Satish Kumar said that he joined the Police Department, Chandigarh, as constable (wireless operator) on February 15,1988. At that time seniority list was prepared on the basis of date of birth.

As per Rule 12.2 of the Punjab Police Rules, 1934, the seniority list has to be prepared either as per merit in selection or by date of birth. There was no objection by anyone in this regard for at least three decades. He, along with his batch mates, was considered and granted promotion as head constable as per the original seniority list of the 1988 batch.

He said that vide order dated December 30, 2011, he was given the rank of ASI (ORP). He completed his promotional course for eligibility to be promoted as ASI. He said that in 2020 the department suddenly changed the seniority list of the applicant and others in the rank of constables wireless operator (initial recruitment) and instead of date of birth they re-drafted the seniority list as per the merit of the respective incumbents in the said period.

He prayed before the Bench to quash the seniority list dated June 26, 2020, and an order dated August 13, 2020, whereby the date of his promotion as head constable was changed from June 11, 2006, to November 29, 2019.

After hearing the arguments, the Bench said that the seniority once settled should not be changed after a long delay. In the light of the judicial pronouncement the action of the respondents in reopening the seniority list after unreasonable delay of 32 years is not justifiable, especially as the rule specifically provides both methods and one method was chosen over the other by the authorities and consistently followed.

The Bench further said in view of this the seniority list dated June 26, 2020, and the order dated August 13, 2020, is quashed. The respondents are directed to restore the seniority of the applicant as it was prior to issuance of the seniority list dated June 26, 2020, along with the original date of promotion as constable and consider his case for promotion as regular ASI (wireless) forthwith. The entire process of holding DPC and promoting him, if found fit, should be carried out within eight weeks from the date of receipt of this order, it added.