S K BHATNAGAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition was initially dismissed on 20.11.1989. Against the dismissal order the petitioner preferred a Special Leave Petition in the Supreme Court. On 14.7.1992 the Supreme Court set aside the order of dismissal and remanded the case back to the High Court. On 1.2.1993 rule was issued. According to Mr.Bhat, learned counsel for the petitioner, the petitioner joined the Health Department of M.P.Government as Assistant Surgeon through Public Service Commission on 7.3.1967. On 24.5.1971 the petitioner joined the Indo-Tibetan Border Police (hereinafter referred to as "ITBP") as Junior Medical officer 'Grade II'. His pay was fixed in the grade of Rs.350-900. Pursuant to the offer invited by the respondents for absorption in the ITBP, the petitioner exercised his option to be absorbed in the ITBP. On 1.1.1972 the M.P.Government revised the pay scale of Assistant Surgeon to Rs.420-900. Although the petitioner remained in the grade of Rs.350-500. Consequential on the recommedations of the Third Pay Commission, the pay of the Junior Medical Officer was revised in the ITBP to Rs.700-1300. Thirty Junior Medical Officers in the ITBP was placed in the revised pay scale of Rs.700-1300 w.e.f.1.1.1973. However, the petitioner was not put in that grade. Thereafter the petitioner made representation to the authorities and the petitioner was granted the grade of Rs.700-1300 w.e.f.24.5.1973. Aggrieved by the order of the respondents giving the revised pay scale from 24.5.1973, the petitioner again represented praying that his pay fixation in the revised grade be done from 1.1.1973 as was done in the case of other similarly situated doctors.

(2.) . Petitioner has prayed that the petitioner's seniority be given not according to Rule 8(i)(b) of the CRPF (Medical Officers Cadre) Rules, 1976 but keeping in view the length of service which the petitioner has put in with the Health Department, M.P.Government. He has also prayed that the letter of respondent dated 17.11.1978 be quashed, which lays down that the seniority of the petitioner has to be reckoned w.e.f. the date of his permanent absorption in the ITBP. The petitioner has further prayed that he may be granted seniority keeping in view his length of service.

(3.) . Mr.Bhat has argued that the petitioner was selected through Public Service Commission by the Government of Madhya Pradesh. On 7.3.1967 the petitioner joined the said post of Assistant Surgeon. The petitioner was transferred to ITBP on deputation in public interest and thereafter as mentioned above he was absorbed in the ITBP. Mr.Bhat has contended that in such an eventuality it was incumbent that the respondent ought to have taken into consideration the length of service of the petitioner for the purpose of promotion and fixation of seniority. The second argument advanced by learned counsel for the petitioner is that in any event of the matter, the revised grade of Rs.700-1300, which was granted to the other doctors from 1.1.1973 was to be given to the petitioner from that date as the petitioner had already joined the ITBP and the absorption of the petitioner subsequently on 28.6.1973 was an acknowledgement of the fact, which was already in existence. In support of his contentiojn, Mr.Bhat has relied upon Joginder Nath & ors vs. Union of India & ors. AIR 1975 SC 511 and K.Madhvan & anr. vs. Union of India & ors. AIR 1987 SC 2291.