Court dismissed writ petition challenging Central Administrative Tribunal's dismissal of challenge to petitioner's reversal from Grade-I to Grade-II based on final seniority list.
No order as to costs; miscellaneous petitions stood closed.
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THE HON'BLE SRI JUSTICE K.C.BHANU AND
THE HON’BLE MRS JUSTICE ANIS
WRIT PETITION No.24636 OF 2002
ORDER: (per Hon’ble Sri Justice K.C.Bhanu)
This Writ Petition, under Article 226 of the Constitution of India, is filed to declare the order, dated 26.09.2002, in Original Application No.434 of 2002 passed by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad (for short, ‘the Tribunal’), as arbitrary and illegal and set aside the impugned provisional seniority list of HSK Grade-I and II issued by Respondent No.2 vide letter No.TR/P612/Elec/Art/Vol.III, dated 21.03.2002, and reply, dated 20.04.2002, and consequently, direct respondent No.2 to keep the name of the petitioner in the restored seniority list of Grade-I in scale of Rs.45007000 (RSRP) as per original seniority with effect from 16.03.1993 and to pay consequential benefits from the date of reversion i.e., from 24.05.1997 till date.
2. Petitioner herein filed the aforesaid Original Application to declare the order, dated 12.03.2002, as arbitrary and illegal and in violation of statutory Rules and against the principles of natural justice and consequently, to restore HSK Grade-I from the date of his reversion i.e., from 24.05.1997 and pay consequential benefits.
3. The Tribunal, upon considering the material on record, dismissed the Original Application confirming the reversion order, dated 24.05.1997.
4. By virtue of the proceedings, dated 24.05.1997, the petitioner was reverted from Technician Grade-I to Grade-II. It is not in dispute before this Court that the petitioner also filed Original Application
No.604 of 2002 before the Tribunal, whereunder he challenged the proceedings, dated 20.04.2002, issued by respondent No.2 for not keeping his name at appropriate place as per the seniority in Grade-II and Grade-I. That Original Application was dismissed on the ground that order of reversion was passed as a consequential effect of the reversion of seniority of direct recruits and promotees in the category of Skilled Grade-III, which has been done to implement the order of the Tribunal in Original Application No.873 of 1992. The revised seniority list, dated 21.03.2002, in pursuance of direction given by the Tribunal in Original Application No.873 of 1992 has become final as the petitioner has not challenged that order.
5. As seen from the said revised seniority list, dated 21.03.2002, the petitioner was reverted by proceedings, dated 24.05.1997, which was questioned after lapse of five years before the Tribunal. The judgment in O.A.No.873 of 1992 has become final. It is not the case of petitioner that the revised seniority list, dated 21.03.2002, is not in accordance with the Rules. Once the revised seniority list, dated 21.03.2002, attained finality and promotions were given as a consequential effect, necessarily some persons have to be reverted. Therefore, without challenging the final seniority list, dated 21.03.2002, consequential reversion cannot be challenged. If the relief, which was sought for in the Original Application No.434 of 2002 has to be granted, it is nothing but revising the final seniority list, dated 21.03.2002. Therefore, the Tribunal after considering all these aspects, rightly dismissed the Original Application and that order needs no interference by this Court.
6. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
_____________________
JUSTICE K.C.BHANU
_________ JUSTICE ANIS
SEPTEMBER 16, 2014
YVL
THE HON'BLE SRI JUSTICE K.C.BHANU AND
THE HON’BLE MRS JUSTICE ANIS
WRIT PETITION No.24636 OF 2002
16.09.2014
YVL
2 issues framed by the court
Whether this Court can interfere with the Tribunal's dismissal of the petition challenging the consequential reversion from Grade-I to Grade-II.
If the revised seniority list dated 21.03.2022 attained finality, can consequential reverions be challenged.
1 provisions across 1 enactments
THE PETITIONER
THE RESPONDENT
K.C. BHANU
ANIS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
