M HARA BHUPAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This special leave petition arises from the judgment of the central Administrative tribunal, Hyderabad, made on 24/12/1996 in OA No. 1333 of 1995.

(2.) The admitted position is that the petitioner, while working as Section Officer in the Intelligence Bureau, Ministry of Home Affairs, government of India, came on deputation to the CAT, Hyderabad bench on 14/6/1989 as Private secretary to the Member. Thereafter, he sought absorption in the services of the CAT as Private secretary. There was a long-drawn correspondence on this issue and ultimately an option was given to him to get absorbed as Section Officer. Accordingly, he opted for and accepted unconditionally his absorption as a Section Officer in the CAT. He came to be absorbed w. e. f. 4/11/1996. He filed an OA in the tribunal claiming seniority with reference to the date of his promotion as Section Officer in his parent department or alternatively, from the date of his deputation from 14/6/1989 contending that he had given his option subject to protection of his seniority. The tribunal has pointed out in its order that there are two different sets of rules for the recruitment of Private Secretaries and Section Officers. The post of Private secretary is governed by the rules called central Administrative tribunal Stenographers' Services (Group B and C Posts) Recruitment Rules, 1989. Equally, there are rules issued by the President under the Act governing the ministerial staff. They are called the central Administrative tribunal (Group B and C Miscellaneous Posts) Recruitment Rules, 1989. The posts of the Private secretary are covered by the Stenographers' Services Rules while the posts of Section Officer are covered by the Ministerial Staff Services Rules. Rule 5 (1 of the former Rules read as under:

(3.) On the basis of the above distinction, the tribunal has rightly pointed out that the method of recruitment to the two categories of posts are different and distinct and, therefore, both the posts cannot be treated to be analogous.