DWIJEN CHANDRA SARKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Two appellants who are working in the Posts and Telegraph Department filed this appeal against the judgment of the Central Administrative Tribunal, Calcutta Bench in O.A. No. 355 of 1987, dated 16-2-1988. By that judgment the Tribunal dismissed the application filed by the appellants. The point in issue is whether for the purpose of computing 16 years' service for getting a "time-bound promotion", as per the relevant circular of the Government dated 17-12-1983, the appellants are entitled to count the service rendered by them in the Rehabilitation Department of the Government of India prior to their transfer to the Department of Posts and Telegraph. The Tribunal has held that the said service with former department cannot be counted and, therefore, the appellants are not entitled to the time-bound promotion unless they complete 16 years in the transferee-department, namely P and T Department.

(2.) The following are the facts: The appellants 1 and 2 were appointed as Lower Division Clerks in the Department of Rehabilitation, Government of India on 18-11-1970 and 5-2-1965 respectively. Subsequently, on 7-12-1976 the first appellant was transferred to the P and T Department in public interest as Postal Assistant and the second appellant was also so transferred on 13-12-1976 to the same department in public interest.

(3.) The particular Scheme which deals with time-bound promotion is dated 17-12-1983 and reads as follows: