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3. It is an admitted fact that as per the 2005 seniority list the applicants were senior to respondents no 4 and 5. However the same is totally changed by the impugned list dated 26.10.2009 and the applicants have been denied the benefit which was granted to them by the 2005 order. Such denial has been affected without giving a notice to the applicants. We are of the opinion that the respondents have acted in a opaque manner. 4. For the aforesaid reasons we are of the opinion that the impugned order should be liable to be set aside and we do so by placing reliance on the law laid down by the Supreme cited supra. Applicants should be given opportunity to be heard when their service rights are being affected. 11.12.2012 – CAT-JABALPUR-OA No. 1164/ 2011 We are of the opinion that the applicants claim for seniority over and above the private respondents and similarly situated persons is without any substance and they cannot claim service benefits from the date of arising vacancy and the service benefits can be claimed only from the date of joining duty. 05.06.2015 – HC-Kerala/Ernakulam-WP(C) No. 25634/ 2010-Interim (Pending) 1. The vacancies which were in existence prior to the amendment of the rules were to be filled up under the old rules and the vacancies which arose thereafter are to be filled up as per the new rules. 2. The Department was bound to publish the fresh seniority list and promotion was to be granted with reference to actual number of vacancies. 3. A competent officer of Higher Level shall file an affidavit in this Court as to the chronology of events with reference to date and documents, also stating in point blank whether the respondent has honored the undertaking recorded by the Supreme Court and the direction passed by a learned Judge of this Court. 4. The subsequent events with reference to the verdict passed by the Bangalore Bench of CAT or such other courts/Tribunals and other relevant materials shall also be put on record, so as to have effective adjudication of the issue. 01.04.2016-HC-Bengaluru – WP Nos. 10589, 10590, 11096, 11221, 12732, 18578–89, 18676-80, 21270-71, 21724-25, 21727-28/2012 (S-CAT), 49256/ 2013 (S-CAT) 1. CAT Bengaluru Bench distinguished the two conflicting groups as Qualified Juniors and Unqualified Seniors. Hon’ble High Court of Karnataka at Bengaluru termed the two groups as First Group and Second Group respectively. 2. The First Group of Qualified Juniors got their promotion vide R/Rs 1981 on 21.10.1998 allegedly against excess posts that did not exist prior to 23.07.1996. Whereas, the Second Group of Unqualified Seniors got similar promotion vide R/Rs 1996 on 26.04.2000. It is crystal clear that there is no dispute that from the date the vacancies have to be filled up on the basis of seniority-cum-fitness, as per 1996 Rules and not under 1981 Rules at any stretch of imagination, the department has in unequivocal terms clarified the situation that the vacancies which arose after 23.07.1996, would be filled up on the basis of seniority-cumfitness, as per 1966 Rules and not on the basis of 1981 Rules. 3. Promotions given, ignoring the inter-se-seniority between the JTOs under the FIRST and the SECOND group is not in accordance with 1996 Rules. Both group of officers are coming under the common category i.e., under 1996 Rules which say that the promotions shall be given only on the basis of seniority-cum-fitness and not on the basis of selection under departmental qualifying examination. 5. The direction of CAT Bengaluru Bench at para 27 on 25.01.2012 be implemented within four months. 6. Promotions given to the JTOs of the FIRST and the SECOND group shall not be disturbed and there shall not be any reversion. However, the department is directed to fix the inter-seseniority of the officers in the said cadre and place them in accordance with their seniority. Some Suggestions 1. DOT / BSNL & MTNL should reassess the vacancies. DOT can discover 270 vacancies after 12 years. Searching for 1966 unfilled vacancies may not be a big job. Lots of unfilled normal & LDCE vacancies, TELEWAVE 66 JUNE-2016