Seniority in a combined cadre is determined by the date of promotion, not length of service in feeder grades.

The applicants (1–7) were appointed as Sepoys between 1993 and 2005

They cleared the departmental qualifying examination and typing test for the post of Lower Division Clerk (LDC) by March 2015 and were promoted to the LDC grade on 29.04.2015

The private respondents (4–10) joined as Sepoys in 2008—later than the applicants—but were promoted to the LDC grade earlier, on 18.03.2015

Under the relevant Recruitment Rules, promotion to LDC was conducted "Sector-wise" at the Commissionerate level; the applicants belonged to the Rajkot Sector, while the private respondents belonged to the Ahmedabad Sector

A combined zonal seniority list for the Gujarat Zone was issued on 25.04.2017, placing the private respondents above the applicants because their date of promotion to the LDC grade was earlier

The applicants challenged this list, seeking seniority based on their longer length of service in the feeder grade (Sepoy)

1. Whether the seniority in the promoted cadre of Lower Division Clerk (LDC) should be determined by the date of regular promotion to that grade or by the length of service in the feeder cadre

2. Whether the difference in promotion dates between different Sector/Commissionerate units constitutes an illegality in the preparation of a combined zonal seniority list

Central Excise, Customs (Lower Division Clerk), Recruitment Rules, 2013 and the predecessor Rules of 2002, which established that LDC posts are filled 100% by promotion from the feeder grade of Sepoy/Havaldar

Where a cadre is managed sector-wise, each Commissionerate serves as a separate cadre control unit unless otherwise prescribed

Inter-se seniority in a promoted post is determined by the date of continuous officiation/promotion in that grade, rather than seniority in the lower feeder post

The Tribunal reasoned that under the restructuring of 2001 and the subsequent RRs of 2002/2013, the LDC cadre is managed at the Commissionerate/Sector level

Because the applicants (Rajkot Sector) and private respondents (Ahmedabad Sector) belonged to different administrative units, their promotions were subject to the vacancy availability and DPC processing times of their respective sectors

The private respondents were promoted to LDC on 18.03.2015, whereas the applicants were promoted on 29.04.2015

The Tribunal found that for a combined zonal seniority list—used for further promotion to Tax Assistant—the date of entry into the LDC grade is the only valid criterion

The applicants' prior service as Sepoys or earlier passing of departmental exams does not grant them "deemed seniority" if vacancies in their specific sector arose later than those in another sector

It held that since the private respondents were promoted to the LDC cadre prior to the applicants, they are rightfully senior in the combined seniority list regardless of their junior status in the feeder grade

The Original Application (OA) was dismissed with no order as to costs