promotion quota were 23. On issuance of the Circular dated 18.09.2014, applications were received from several candidates including the petitioners. Finally, 59 candidates were shortlisted as having qualified the prescribed trade test and the Seniority List was prepared by the NDMC on the basis of merit and the petitioners were promoted to the post of Fitters Grade-II vide posting order dated 26.04.2016. Immediately thereafter, some of the employees of the respondent No.1/NDMC, who were senior to the petitioners herein and had not been promoted, submitted representations to the Department, pointing out the discrepancies while preparing the Seniority List. On examining the said representations, the respondent No.1/NDMC prepared a fresh Seniority List of the eligible candidates, who had qualified in the trade test, from the date of their appointment. It was clarified before the Tribunal that the trade test is only a qualifying test and was erroneously made the basis of drawing the merit list in the first round. Reliance was placed on O.M. dated 10.11.2010 issued by the DOPT, wherein instructions were issued on seniority and it was declared that “where promotions are made on the basis of recommendations of a DPC either by „selection‟ or „non-selection‟ method as per due procedure, the seniority of an officer assessed as „fit‟, in the promotion grade shall be same as in the feeder grade from which they are promoted”. The respondent No.1/NDMC explained that it had no option but to rescind the order dated 26.04.2016 and revise the Seniority List by carrying out necessary corrections, as the trade test being only a qualifying test and promotions were effected amongst those eligible candidates, who had qualified the same, in the order of their inter se seniority in the feeder grade.
