SHIV BAHADUR JOSHI Vs. ELECTION COMMISSIONER OF INDIA

JUDGEMENT

(1.) AS the issues involved relate to identical facts and law and are inter-related, these O. AS. are being disposed of by this common order.

(2.) The issue relates to inter-se-seniority of direct recruits and promotees Assistants in Election Commission of India (ECI, for short). As per the Election Commission (Group 'A' and Group 'B' Posts) Recruitment Rules, 1988, recruitment to the posts of Assistant is 50% by promotion, failing which by transfer on deputation and 50% by direct recruitment through Assistant Grade Examination (AGE, for short), conducted by the Staff Selection Commission (SSC). The essential qualification for the post is Upper Division Clerk with five years' regular service. The vacancies are to be worked out on yearly basis. The general instructions and criteria for fixing seniority of direct recruits was laid down by the DOPT in O.M. dated 30.7.1986. Earlier to 1990 for making direct recruitment the Commission had been requisitioning/reporting vacancies to SSC and on its recommendations appointing candidates against 50% of the vacancies meant for direct recruitment. However, the aforesaid practice has been stopped by the Commission from 1991 onwards and no vacancy of direct recruitment was reported to SSC and in case of recommendation by the SCC no appointments have been given till 1995. Seven applicants who appeared in the AGE 1995 on recommendations by the Commission as direct recruit Assistants in AGE, in 1996 seven applicants and in 1997 AGE seven more applicants were recommended by the SSC. A seniority list was circulated in 1994 of the Assistant by the Commission.1 The seniority in the quota of 50:50 and promotees was shown as per the O.M. of the DOPT.

(3.) SEVEN applicants of AGE 1995 were given appointment in 1997. On representation by the direct recruits as to illegality committed in the grant of relaxation to the promotees, on review by the respondents that these private respondents did not qualify the eligibility criteria of five years' regular service in the feeder cadre a review DPC de-regularised them and on completion of respective five years of regular service accorded promotion on regular basis by the impugned order dated 10.12.2001.