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Judgment
L. Narasimha Reddy, J
MA No.1501/2020 filed by the applicants to join in a single Application is allowed.
The Govt. of NCT of Delhi prepared a seniority list of Sub Officers in the Delhi Fire Service initially on 31.08.2017. By that time, the appointment to the post of Sub Officers in the Delhi Fire Service was partly through direct recruitment and partly through promotion. The process of promotion against the vacancies of the year 2014 went through. However, the direct recruitment process has taken some time. The applicants are the Sub Officers appointed through direct recruitment. The process was completed only in the year 2017. Thereafter a provisional seniority list was published on 12.02.2020. The promotees of the concerned year were shown as seniors to the applicants. Several representations were made by the applicants raising objections. According to them the administrative delay caused in issuing order of appointment, should not turn out to be detrimental to them. The respondents issued a final seniority list through order dated 15.06.2020. The applicants feel aggrieved by the same. This OA is filed challenging the final seniority list dated 15.06.2020. Another grievance of the applicants is that though they raised several objections, none of them were considered, much less, no reasoned orders were communicated to them.
We heard Ms. Harvinder Oberoi, learned counsel for applicants and Ms. Esha Mazumdar, learned counsel for respondents.
The applicants feel aggrieved by the final seniority list dated 15.06.2020. It has already been mentioned that the process of promotion was concluded earlier, compared to one of the direct recruitment. There was considerable amount of uncertainty as regards the determination of the seniority in such cases.
In Union of India & Ors. Vs. N.R. Parmar & Ors.(2012) 13 SCC 340, the Hon'ble Supreme Court held that the delay in conclusion of the recruitment process should not work out to the disadvantage of the direct recruits and irrespective of the date on which their appointment is made, their seniority shall be reckoned from the year of vacancies. If that principle is applied, the applicants stand to be benefit. However, in the recent past, the Hon'ble Supreme Court rendered another judgment in K. Megha Chandra Singh & Ors. Ningam Siro & Ors Civil Appeal Nos.8833-8835/2019 and batch decided on 19.11.2019, and it has over ruled its judgment in N.R. Parmar (supra).
The respondents are appear to have taken into account the objections raised by the applicants as regards the fixation of seniority. However, when so many questions are involved, it is better that they are dealt with under a reasoned order, so that the applicants would know where they stand, in terms of their seniority. It would also be helpful for them to work out the remedies.
We therefore, dispose of the OA, directing the respondents to pass and communicate a reasoned order, on the objections raised by the applicants, on the provisional seniority list, within a period of two months, from the date of receipt of a certified copy of this order.
There shall be no orders as to costs.