WRIT PETITION 8070/2014 on 31 December 2015

1. The application seeking review, in respect whereof delay is prayed tobe condoned, itself needs a disposal making an observation with respect tothe order dated December 31, 2015 under which the revised inter-seseniority list has been issued, and with respect whereto the order which weare passing would not warrant any consideration to be bestowed upon CMNo.20821/2016.

2. That apart, the issue of delay would have to be considered withreference to the subsequent conduct of the Union of India and this itselfwould warrant the application to be disposed of observing that there is nodelay at all.

W.P.(C) No.8070/2014

3. CM No.20821/2016 is disposed of accordingly.R.P.No.273/2016

1. The writ petition was disposed of on May 06, 2015 inasmuch as thegrievance of the petitioner concerning seniority list not being drawn up wasdisposed of noting that the Union of India has since filed the counteraffidavit conceding to the point that the writ petitioner was an AssistantCommandant of the 2007 batch. The Union of India stated in terms of agazette notification dated May 05, 2007 published by the Ministry of HomeAffairs, Government of India, inter-se seniority of the direct recruits had tobe fixed on the basis of marks obtained at the competitive examination andas awarded by the training institute after training. Noting said stand of theUnion of India the writ petition was disposed of recording that nothingsurvives for adjudication because the Union of India itself said that theywould draw up the seniority list.

2. The grievance in the review petition is that while doing so, the Unionof India has written in the order dated December 31, 2015:- “3.The Hon’ble Delhi High Court vide itsJudgment Order dated 06.05.2015 has orderedthat the revised seniority shall be published by theRespondents after taking into account the marksobtained in competitive examination and basiccourse in the ratio of 50:50.

4. In compliance with the Judgment OrderpassedbytheHon’bleCourtandapprovalaccordedbytheMHA,therevisedinter-seseniority list of Assistant Commandant (Exe) willbe issued from the year 2003 onwards in phases.”

3. Now, we have not issued any direction to said effect in the order datedMay 06, 2015. We have only noted the stand of the Union of India anddisposed of the writ petition.

W.P.(C) No.8070/2014

4. If the seniority list has to be drawn up with reference to the marksobtained at the examination conducted by the UPSC and marks obtainedafter training at the training institute have to be ignored, the issue needs tobe decided with reference to the recruitment rules or the seniority rules, andin the absence of the rules vacuum filled up by office instructions,memorandums or past practice.

5. Therefore, the review petition needs to be disposed of simply notingthat this Court had not issued any direction to the UOI. It had only noted thestand of the Union of India.If the stand is incorrect, those who areaggrieved by the seniority list drawn up would have a remedy as per law.6.No costs.

PRADEEP NANDRAJOG, J.

MAY 27, 2016mamta

PRATIBHA RANI, J.