Shailesh son of Joseph Vaghela vs DEBT RECOVERY TRIBUNAL on 14 October 2026

1. Shri Rushab Acharya, proxy counsel for Ms. Harshal N. Pandya, learned counsel for the applicant present.

2. Learned counsel for the applicant submits that, pursuant to the order passed by this Tribunal in M.A. No. 500/2026 in O.A. No. 511/2026, the applicant has carried out an amendment to the prayer clause of the Original Application, seeking quashing and setting aside of the final seniority list dated 07.10.2026, which was issued by the respondents after the filing of the Original Application. It is submitted that the amended Original Application has been forwarded through e-mail and the applicant seeks that the same be taken on record. The amendment having been permitted by this Tribunal, the amended Original Application is taken on record.

3. The applicant has also filed a separate application, being M.A. No. 515/2026, seeking interim relief by way of stay of the operation and implementation of the consequential benefits arising out of the impugned final seniority list (Annexure A/1).

4. Learned counsel for the applicant further submits that, vide interim order dated 08.10.2026, this Tribunal had directed the respondents to consider and decide the pending representation of the applicant against the draft seniority list and, in the event that the representation had already been decided, to place a copy of the decision before this Tribunal on or before the next date of hearing. It was further directed that, in the meantime, the proposed revision of the applicant's seniority would remain stayed.

5. It is submitted that, after receipt of the aforesaid interim order, the applicant received an e-mail from the respondents on 09.10.2026, informing him that his pending representation had been disposed of vide order dated 07.10.2026. Along with the said communication, the respondents also furnished a copy of the revised final seniority list of Private Secretaries in the Debt Recovery Appellate Tribunal and Debt Recovery Tribunals, as on 27.02.2019, declared on 07.10.2026.

6. Learned counsel submits that both the order rejecting the applicant's representation and the revised final seniority list were supplied to the applicant on 09.10.2026. Consequently, the applicant sought amendment of the Original Application to challenge the legality and validity of the aforesaid decision and the revised final seniority list. The said amendment was allowed by this Tribunal vide order dated 13.10.2026 passed in M.A. No. 500/2026.

7. Learned counsel for the applicant contends that the grounds assigned by the respondents for rejecting the applicant's representation against the proposed revision of seniority are unsustainable. In this regard, reliance is placed upon the application filed by the private respondent, Shri Shantaram S. Dhawale, before the Nagpur Bench of this Tribunal, whereby he is stated to have withdrawn the Original Application instituted by him. It is further contended that the applicant's seniority had been settled approximately 19 years ago and could not be unsettled after such a long lapse of time, particularly in view of the principles laid down by the Hon'ble Supreme Court in a catena of judgments.

8. Learned counsel further submits that, while issuing notice in the present Original Application vide order dated 08.10.2026, this Tribunal had stayed the process of the proposed revision of seniority. However, before the said interim order could be served upon the respondents, the applicant was informed on 09.10.2026 that his representation had been rejected vide order dated 07.10.2026 and that the revised final seniority list had also been issued on the same date. Accordingly, the applicant seeks a direction restraining the respondents from implementing the impugned revised final seniority list dated 07.10.2026 and granting consequential benefits pursuant thereto.

9. Heard and perused the material available on record.

10. Issue fresh notice to the respondents in the Original Application, returnable on 02.11.2026. In addition to the notice in the Original Application, notice shall also issue in respect of the prayer for interim relief. In the meantime, by way of ad-interim relief, the respondents are restrained from implementing and extending consequential benefits arising out of the impugned final seniority list dated 07.10.2026, until the next date of hearing. The respondents shall file their reply on or before the next date of hearing. Direct service is permitted in respect of Respondent No. 3. The applicant is also permitted to serve Respondent Nos. 1, 2 and 4 through Speed Post. List the matter on 02.11.2026.

Sanjiv Kumar Member (A) Jayesh V Bhairavia Member (J) Seema Kv ( ps )