UNION OF INDIA Vs. ONKAR CHAND

JUDGEMENT

(1.) In all these appeals a common issue arises for consideration and decision. Hence they are heard and disposed of by this common judgment.

(2.) By way of sample, the facts in the case of Onkar Chand (Civil Appeal No. 68/90) are given. The said Onkar Chand originally belonged to Himachal Pradesh State Police and came on deputation to the Intelligence Bureau, Ministry of Home Affairs, Govt. of India on 17-8-1970 as JIO-I (Junior Intelligence Officer, Grade-I). He continued as such until he was promoted against deputation quota to the next higher rank of Assistant Central Intelligence Officer, Grade-II (for short 'ACIO-II') by an order dated 11-10-1977. Factually, he took charge of the said post on 2-1-1978. He was absorbed permanently in the Intelligence Bureau by an order dated 10-12-1980 with effect from 31-12-1977 as JIO-I. His services in the grade of ACIO-II were regularised with effect from 1-1-1985 by an order of even date.

(3.) His grievance was that his seniority in the grade of ACIO-II was reckoned from 1-1-1985, the date of regularisation in that cadre, and not from 11-10-1977, the date on which he was promoted to that rank. It was his case that his services even as deputationist in the posts of JIO-I and ACIO-II should be taken for reckoning seniority.