UNION OF INDIA Vs. KULDIP SINGH PERMER

JUDGEMENT

(1.) This appeal is directed against the judgment dated 15th March, 1996 of the Central Administrative Tribunal, Chandigarh Bench. The original application was filed by respondent No. 1 before the Tribunal challenging seniority list issued by the Department wherein his seniority had been fixed from the date of absorption in the Department. Respondent No. 1 was claiming seniority from the date he initially joined the Department on deputation. To appreciate the issue involved in the appeal, it is necessary to give some facts. Respondent No. 1 had joined the service in the Himachal Education Department, a department of the State Government, as a trained graduate teacher. He was appointed as a Science Master with effect from 26-9-1970 in the pay scale of Rs. 220-500. This scale was subsequently revised to Rs. 620-1200 with effect from 1-1-1978.

(2.) After the Chinese aggression, the Government of India had started a department called Special Services Bureau under the Directors General of Security (DGS). To govern the service conditions in the Special Services Bureau, Rules called the Special Services Bureau (Junior Executive) Service Rules, 1976 were promulgated with effect from 30th June, 1976. Respondent No. 1 joined the said Bureau on deputation with effect from 8th February, 1977 as Circle Organizer. On his exercising option in this behalf, he was absorbed in the said post of Circle Organizer with effect from 8th August, 1984.

(3.) The Department issued a tentative seniority list of Circle Organizers on 24th October, 1986. The respondent was aggrieved of the said list as his seniority was determined from the date of his absorption in the Department as Circle Organizer Respondent was claiming seniority with effect from the date he joined the Department on deputation. He made representation against the tentative seniority list. However, on 6-12-1987 and thereafter on 30-6-1988 seniority lists were issued in which respondent No. 1 was assigned seniority on the basis of the date of his absorption in the Department. The respondent made some representations against the same which were, however, rejected. Ultimately, he filed the Original Application before the Central Administrative Tribunal, Chandigarh Bench, in the year 1989. This was allowed by the Tribunal by its judgment dated 15th March, 1996, which is under challenge in this appeal.