D D KAUSHIK Vs. UNION OF INDIA

JUDGEMENT

(1.) INVOKING the jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, the petitioner has called in question the order dated 29th October, 1999 passed by the Central Administrative Tribunal, Principal Bench (for short ,,the tribunal) in O.A. No. 529/1995.

(2.) BEREFT of unnecessary details, the facts which are essential to be stated are that the petitioner on successful completion of the Subordinate Service Commission Examination conducted for the post of Inspector Central Excise during 1977 was offered the appointment on 23.11.1978 and joined in the service on 12.12.1978 at the Central Excise Collectorate, Bombay. On 30.4.1979, he submitted a representation to the Collector, Central Excise, Bombay requesting for transfer to Delhi on compassionate grounds. After receipt of the representation, the Assistant Collector, Central Excise, Bombay by his letter dated 28.5.1979 required the applicant to submit a declaration to the effect that on transfer to Delhi Collectorate, he would be treated as a new entrant and would be adjusted against direct recruitment vacancy of inspector and his seniority would be accordingly fixed. When the matter stood thus, he was further informed that he was required to complete two years probation period for becoming eligible for inter collectorate transfer. After completion of probation, by order dated 2.8.1982 he was transferred to Delhi Collectorate and was assigned the seniority at the bottom of seniority list of temporary inspector working in Delhi Collectorate at that time. The said seniority was reflected in the seniority list on 31.12.1990.

(3.) THE tribunal after appreciating the rivalised submissions and referring to the various decisions in the field came to hold as follows: