VINOD VERMA versus UNION OF INDIA & ORS.

Citation: [2019] 6 S.C.R. 1014 · Decided: 02-04-2019 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: Dismissed

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2019] 6 S.C.R.
VINOD VERMA
v.
UNION OF INDIA & ORS.
(Civil Appeal No. 14967 of 2017)
APRIL 02, 2019
   [ASHOK BHUSHAN AND K.M. JOSEPH, JJ.]
Telecommunications Engineering Service (Group “B” Posts)
Recruitment Rules, 1996 – Post of Sub-Divisional Engineer governed
by 1996 Rules – Junior Telecom Officers eligible for promotion
under two methods- 75% on the basis of seniority-cum-fitness and
25% on the basis of departmental competitive examination – In 2001,
the appellant was promoted as Sub-Divisional Engineer under the
seniority-cum-fitness quota – Department announced the Limited
Departmental Competitive Examination (LDCE) for promotion for
the 25% quota for vacancies after 22.07.1996 – Appellant also
appeared in the Departmental Competitive Examination – Promotion
order issued for the promotion of LDCE successful candidates –
Promotions also made against the 75% category for the subsequent
years – Seniority list of Sub-Divisional Engineers issued –
Challenged in various Benches of Central Administrative Tribunal
– In CAT, Chandigarh Bench, case titled Dewan Chand & Ors. vs.
Union of India was filed wherein the Tribunal vide order dated
25.08.2009 quashed the seniority list and directed redrawing the
seniority list – Appellant was not party to the said case – Appellant
filed review petition before the Tribunal – Dismissed on 18.01.2010
– Writ Petition filed by the appellant challenging the orders dated
25.08.2009 and 18.01.2010 – Dismissed – SLP filed by the appellant
– Dismissed with liberty to file review application before the High
Court – Appellant filed review application – Rejected – On appeal,
held: Present appeal is covered by three-Judge Bench judgment of
Supreme Court dtd. 12.08.2014 in Rajesh Banta & Ors. vs. Dewan
Chand & Ors. and BSNL vs. S.K. Dubey – Against the judgment of
Tribunal dated 25.08.2009 in Dewan Chand vs. Union of India, a
writ petition was filed in Punjab and Haryana High Court titled
Rajesh Banta and others vs. Central Administrative Tribunal and others
– Thus, in the said writ petition the same order of the Tribunal dated
[2019] 6 S.C.R. 1014
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25.08.2009 was under challenge which has been challenged by
the appellant herein – Supreme Court vide order dated 12.08.2014,
following judgment of the same day in BSNL vs. S.K. Dubey,
dismissed the said writ petition which was filed challenging the order
of CAT in Dewan Chand – Accordingly, writ petition filed by the
appellant is also dismissed – Constitution of India – Art.309 –
Service Law.
Service Law – Seniority – Determination of, by executive
instructions vis-a-vis statutory rules – Held: Determination of
seniority can be provided by the Executive instructions if the subject
matter is not covered by the statutory rules.
Dismissing the appeal, the Court
HELD: 1.1  A perusal of Telecommunications Engineering
Service (Group “B” Posts) Recruitment Rules, 1996 indicates
that Rules, 1996 provides for the method of recruitment, age
and other qualifications. The Rules which have been brought on
record do not contain any provision relating to determination of
seniority. The statutory Rules, 1996 being silent on the question
of determination of seniority,  for determination of seniority OMs
dated 22.12.1959, 24.06.1978, 07.02.1986, 03.07.1986 and
07.02.1990 have to be looked into. Determination of seniority
can be provided by the Executive instructions if the subject matter
is not covered by the statutory rules. [Para 16][1023-B-C]
1.2 The present appeal is covered by three-Judge Bench
judgment of Supreme Court dated 12.08.2014. Against the
judgment of Tribunal in TA No.84-HR-2009, a writ petition was
filed in Punjab and Haryana High Court being CWP No.5133/
CAT of 2010 . Thus, in the said writ petition the same order of
the Tribunal dated 25.08.2009 was under challenge which has
been challenged by the appellant herein. Supreme Court by the
judgment dated 12.08.2014 dismissed the writ petition which was
filed challenging the order of the CAT in Dewan Chand.
[Para 22][1026-C-D]
1.3  When three-Judge Bench of Supreme Court following
the pronouncement in BSNL & Ors. vs. S.K. Dubey & Ors.,
judgment of the same day, dismissed the writ petition against the
VINOD VERMA v. UNION OF INDIA & ORS.
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[2019] 6 S.C.R.
same very judgment of the CAT of Chandigarh Bench in Dewan
Chand vs. Union of India, the fate of this appeal is sealed by the
said judgment b

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