- (1.) The applicant - petitioners have filed this review application to recall the order dated 3.12.2014 passed in CWP No. 5148-CAT of 2010 (O&M). The petitioners are non-applicants before the Central Administrative Tribunal (hereinafter to be referred to as 'CAT') in TA No. 84 HR of 2009 and so also in TANo.85 HR of 2009. The private respondents and the petitioners were in the cadre of Junior Telecom Officers. Promotional Cadre to the post of Junior Telecom Officer (JTO) is Telecommunication Engineering Service (TES) Grade B Sub Divisional Engineers (SDEs). The post of TES Group B and SDEs is governed by Rules called Telecommunication Engineering Service (TES) Rules, 1996, which was notified on 22.7.1996. The relevant Schedule (Column No. 11 and 12) to Rule 5 is reproduced herein:- Schedule : 11. Method of Recruitment: Promotion (i) 75% on the basis of seniority-cum-fitness. (ii) 25% on the basis of a departmental competitive examination. 12. Promotion (i) Under 75% quota Junior Telecom Officer with 3 years regular service in the grade. (ii) Under 25% quota on the basis of departmental competitive examination for Officers with 3 years regular service which Junior Telecom Service in the grade shall be eligible: 1. Departmental Promotion Junior Committee for promotion of Telecom Officers shall be held on the basis of an All India eligibility list at Head Quarter only. 2. The crucial date for determining the eligibility shall be first of July of year to which the vacancies pertains. 3. The Syllabus and Rules for conducting departmental competitive examination shall be such as the Telecom Commission may prescribe from time to time. 4. Where junior who have completed their qualifying eligibility service are being considered for promotion, their seniors would also be considered provided they are not short of requisite qualifying eligibility service by more than one year and have successfully completed their probation period, if prescribed."
(2.) The private respondents herein who were Applicants before CATwere promoted to the post of TES Group B SDEs in the month of April 2000 under 75% promotional quota. Whereas the reviewapplicants - writ petitioners (non-applicants before the CAT) were appointed under 25% quota on 25.5.2004. The department notified seniority list of TES (Group B) SDEs on 12.1.2005, wherein applicant-petitioners herein were placed over and above the private respondents on the score that the reviewapplicant - petitioners are entitled to seniority from the date of occurrence of vacancy namely, from 1996 till 2001 or the date on which process of recruitment under 25% quota was initiated.
(3.) The private respondents, feeling aggrieved by the ranking assigned to them in the seniority list of TES (Group-B) - SDEs dated 12.1.2005, approached this Court in CWP No. 4165 of 2006 and so also one Pawan Kumar Jindal and 11 others in CWP No. 13955 of 2007. Both the CWPs were transferred for want of jurisdiction to CAT.The above mentioned writ petitions were re-numbered in CAT as TA No. 84-HR of 2009 (CWP No. 4165 of 2006) and TA No. 85- HR of 2009 (CWP No. 13955 of 2007).;