- (1.) In both petitions common questions of law and facts are involved hence, they are decided by the common order for convenience, writ petition no. 3118/2010 is taken as a leading case.
(2.) By way of the petition the Central Government as affected party has challenged the judgment and order of the Tribunal whereby the Tribunal has partly allowed the appeal filed by the applicant-respondent no. 1 herein vide judgment and order dated 25th November, 2009.
(3.) The facts of the case are that the original applicant being aggrieved by the order dated 6th May, 2005 (Ann.A/1) and order dated 27th May, 2005 (Ann.A/2) whereby persons with less merit have been assigned higher seniority and consequential benefits which was produced before the Tribunal and has prayed for following relief(s):- i) by an appropriate order or direction the Hon'ble Tribunal may direct the respondents to maintain seniority position so prepared by the Service Selection Commission and the appointments issued accordingly; and ii) by an appropriate order or direction the respondents be further directed to maintain inter se merit position of the candidates for the purpose of seniority and promotion i.e., candidates who stood higher in merit in the Service Selection Commission be given higher seniority position and accordingly the seniority be determined. In that regard if any candidate appointed subsequent selection or promotion, he be ranked junior to the earlier selected candidates. In view of the above prayer, all orders passed contrary to the prayer made above be quashed and set aside and thereby after preparation of correct seniority position, the applicant be given promotion with all consequential benefits on higher post and in that respondent the impugned orders dated 06.06.2005 and 27.05.2005 be quashed and set aside.";