Kindly advise whether I can seek justice based on Supreme Court judgment (2012) / DoPT OM dt 2014 and reopen my case (of year 2006) seeking remedy on the basis of natural justice or whatever is applicable in such cases.
Clarification of the term “availability” O.M. No.20011/1/2006-Estt.(D) Dated 03.03.2008:>
It is clarified that
while the inter-se seniority of direct recruits and promotees is to be fixed on the
basis of the rotation of quotas of vacancies, the year of availability, both in the
case of direct recruits as well as the promotees, for the purpose of rotation and
fixation of seniority, shall be the actual year of appointment after declaration of
results/selection and completion of pre-appointment formalities as prescribed. It is
further clarified that when appointments against unfilled vacancies are made in
subsequent year or years either by direct recruitment or promotion, the persons so
appointed shall not get seniority of any earlier year (viz. year of vacancy/panel or
year in which recruitment process is initiated) but get the seniority of the year in
which they are appointed on substantive basis. The year of availability will be the
vacancy year in which a candidate of the particular batch of selected direct recruits
or an officer of the particular batch of promotees joins the post/service.
Cases of seniority already decided (prior to issue of this O.M. dated
3.3.2008), with reference to any other interpretation of the term `available’ as
contained in O.M. dated 3.7.1986 need not be reopened.
Note The seniority of direct recruits and promotees is delinked from the
vacancy/year of vacancy. The seniority / inter se seniority of direct recruits and
promotees in a particular year is fixed with reference to the availability of the
candidates /officers after completion of all pre-appointment formalities and
rotation of quota is applicable only among the available direct recruits and
promotees. (O.M. No. 22011/7/86-Esst.D Dated 03.07.1986)
You may note the OM is not ambiguous however, if you feel aggrieved, you still can approach CAT based on the supreme judgment in this regard.