UNION OF INDIA Vs. DEO NARAIN

JUDGEMENT

(1.) This writ petition is directed against a judgment and order dated 13/04/1999 passed by the Central Administrative Tribunal vide OA No. 2146/98 whereby and whereunder the original application filed by the respondents herein was allowed. The application was filed praying for the following reliefs:

(2.) The fact of the matter is not in dispute. In the year 1992, the respondents joined the offices of the petitioners as lower division clerks on different dates in 1992 on inter-departmental transfers. Admittedly, in terms of the existant rules, consequent upon their transfer, they had foregone their respective seniority in their departments and they were placed at the bottom of the seniority list. On or about 23/05/1997, the Ministry of Finance, Department of Revenue issued instructions to all Commissionerates under the Central Board of Excise and Customs that an officer on transfer from one Commissionerate to another would be entitled to get the benefit of his past service for the purpose of promotion although his seniority shall be retained at the bottom of the transferred Commissionerate.

(3.) As the cases of the respondents for promotion had not been considered, they filed the afore-mentioned Original Applications which had been allowed by the Central Administrative Tribunal directing: