UNION OF INDIA Vs. PRATAPNARAIN

JUDGEMENT

(1.) Promotees and direct recruits, in Government services, have an amazing capacity to rake-up old seniority disputes settled-finally by the Courts of law. This is the third round of litigation between such members of the Indian Statistical Service. This Court in Narender Chadha v. Union of India, (1986) 1 SCR 211, finally dicided the dispute regarding seniority between promotees and direct recruits belonging to Indian Economic Service and the Indian Statistical Service. This Court directed the Union Government:

(2.) The question for our consideration is whether the expression "posts" used by this Court in the above-quoted directions means "cadre posts" or it includes the ex cadre posts held by the promotees in the Indian Statistical Service. In other words whether the benefit of continuous officiation towards seniority is to be confined to the period spent against the cadre post or the total of such period whether against cadre or ex-cadre Post.

(3.) The directions of this Court quoted above are crystal-clear. It is a pity that the Central Administrative Tribunal, New Delhi (Tribunal) viewed the above directions in utter oblivion. This Court directed the Union of India: