RAJENDER GUGLANI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners have challenged the order dated 30th August, 2005 passed by the Central Administrative Tribunal, Principle Bench, New Delhi in OA No.1490 of 2004, titled as ,,V.S.Kundlass & Others v. Union of India & Others, allowing the original application of V.S.Kundlass & Others, junior engineers who had joined the Department of Post on deputation initially and absorbed in the regular service allowing their original applications and directing the respondents to count their past services rendered in the analogous post in the All India Radio and to give them proper place in the seniority list of junior engineers. THE petitioners in the present writ petition were the intervenors who were directly recruited as junior engineers in the Department of Post during the year 1998.

(2.) THE brief facts to comprehend the controversies between the parties are that respondent Nos.4 to 8 were initially appointed as junior engineers (Electrical) in the All India Radio during 1990-91. THEy were sent on deputation to the Electrical Wing in the Postal Department as junior engineers pursuant to the Office Memorandum issued by S.E.(C) HQ, Postal Department dated 15.03.1999, 17.06.1996, 17.06.1996, 24.08.1998 & 09.01.1999 respectively.

(3.) THOUGH the term of the transfer and absorption of respondent Nos.4 to 8 in the Department of Post was that their past services will not be counted for their seniority in the cadre, however, later on they claimed that their past services rendered in All Indian Radio preceding the date of their regularization in the Department of Post should be counted for the purpose of their seniority which has not been counted illegally. The respondents, therefore, made a representation which was however, declined. According to them, while declining their representation no reasons were given by respondents, and therefore, they filed an original application being OA No.1490 of 2004, titled as ,,V.S.Kundlass & Others v. Union of India & Others, and claimed their seniority by taking into consideration their services in the All India Radio also despite the term of absorption that their seniority in the cadre could not be counted on the ground that conditions which were agreed to by respondent Nos.4 to 8 were against the rules and could not be relied on to deny them their seniority in the parent department. Respondent Nos.4 to 8 categorically asserted that they were compelled to agree to the conditions only because the absorption otherwise could not be possible.