- (1.) The only question that arises for consideration in this appeal is whether the relief granted by the central Administrative tribunal in favour of the respondent is in accordance with the judgment of this court in Comptroller and Auditor General of India v. K. S. Jagannathan. The relevant portion of the judgment reads "For Part II examination of the Subordinate Accounts Service examination (Ordinary) and all subsequent Part II examinations of the Subordinate Accounts Service Examination (Ordinary) held hereafter until today there will be a relaxation of 25 marks in all for candidates belonging to the Scheduled Castes and the Scheduled Tribes, that is, this relaxation will cover not only the pass marks to be given in the aggregate but will be inclusive of the pass marks to be given in each individual paper so that the total number of marks covered by such relaxation will not exceed 25. The respondents and all other candidates belonging to the Scheduled Castes and the Scheduled Tribes who will pass the said examinations as a result of the above relaxation are declared to have passed such examinations and to have been promoted to the Subordinate Accounts Service in the vacancies reserved for the members of the Scheduled Castes and the Scheduled Tribes with effect from the date when the final declaration of the results of each such examination was made and will be paid such salary and shall be entitled to all other benefits on the basis of such promotion with effect from the said date. So far as seniority is concerned, however, they will not rank above those who have already passed and have been promoted but will be placed in the seniority list after all those who have passed in Part II of the subordinate Accounts Service Examination (Ordinary) held so far, ranking inter se according to the rules relating to seniority set out in paragraph 184 of volume I of the Comptroller and Auditor General's Manual of Standing Orders (Administrative). "
(2.) The facts leading to the above case are these. In December 1980, the respondent appeared for Part II examination of the Subordinate accounts Service Examination which is a prescribed departmental examination for promotion. He was not declared successful. He claimed relaxation in awarding certain marks. That claim was not acceded to. Finally, he approached this court in C. A. No. 2952 of 1984 in which he was given the relief as stated above. He was declared to have passed the part II examination of the SAS examination, but a specific direction was issued that he should be ranked below all those who have already passed such examination and since been promoted. To be more specific, it was directed that he should be placed in the seniority list after all those who have passed Part II of the SAS examination held so far ranking inter se according to the rules relating to seniority set out in para 184 of volume I of the Comptroller and Auditor General's Manual of Standing Orders (Administrative).
(3.) In obedience to the direction of this court an order dated 12/06/1986 was made giving deemed promotion to the respondent as Section Officer w. e. f. 12/06/1981 and he was ranked below all the persons who have passed the SAS examination earlier. Consequently, he was also given further promotion. The respondent was not satisfied with the benefits given to him. He approached this court seeking clarification of the direction issued in his earlier case. He filed CMP No. 29943 of 1986 which was disposed of in the following terms: "In view of the said direction, C and AG of India has rightly placed the respondents below to all those who had passed the exam- ination held from 1980 onwards in the seniority list. The contention that this would violate the rule of seniority as embodied in para 184 of the Standing Orders cannot prevail. The rule as to inter se seniority set out in para 184 stands modified accordingly. ";