ATTAR SINGH KAUSHIK Vs. SECRETARY COMMR TRANSPORT DEPARTMENT

JUDGEMENT

(1.) LEAVE Granted.

(2.) INTER se seniority amongst the deputationists is in question in this appeal which arises out of a judgment and order dated 13.9.2006 passed by a Division Bench of the High Court of Delhi whereby and whereunder the writ petition filed by the appellant herein assailing the order of the Tribunal dated 18.9.2003 allowing the original application filed by Visheshwar Dayal Sharma was dismissed. With a view to appreciate the fact of the matter involved herein, we may notice the particulars of the requisite service records amongst others of the Appellant vis -' -vis Respondent No.2 herein : <FRM>JUDGEMENT_1071_TLPRE0_2007Html1.htm</FRM>

(3.) THE High Court while determining the disputes examined the record of the Department. It noticed that in doing so, the relevant Rules, particularly Rule 10.2(ii), in terms whereof Administrative Ministry is required to certify that there was no other deputationist in position appointed earlier to the officer proposed for absorption, was not carried out. In terms of the said Rules, the borrowing department was further required to certify that if there had been any such person and he had not been willing to be considered for appointment on absorption basis. Keeping in view the aforementioned provision as also Clause 3.4.1 of the seniority of the absorbees as contained in Establishment and Administration Rules (Swamy's Manual), the High Court opined that seniority of the parties hereto should be determined on the basis of their respective seniority in the equivalent grade in the parent department which is the feeder grade being the post of Assistant Sub Inspector of Police.