B.B. GUPTA Vs. UNION OF INDIA ETC.

JUDGEMENT

(1.) The short question raised in these appeals, namely, L.P.As.50 and 51 of 1984 is whether the appellants can be given seniority by counting the period of service rendered by them in the office of the Development Commissioner (SSI), Ministry of Industries, New Delhi before their absorption in Central Public Works Department.

(2.) The Department of Administrative Reforms had been carrying out studies aiming at seeing whether better methods of work could replace the old procedures and whether existing organisations could be streamlined and made fit for meeting the current requirements of the administration. Some of the changes effected as a result of these studies involved a reduction in the workload in the organisation, leading in turn to a reduction in a number of posts. A certain amount of surplus staff was also identified in the course of the staff assessment studies carried out periodically by the Staff Inspection Unit of the Ministry of Finance. This question was examined by the Ministry of Home Affairs and a scheme for the disposal of personnel rendered surplus due to improvements suggested by the Department of Administrative Reforms or reduction in posts suggested by Staff Inspection Unit, Ministry of Finance was formulated and circulated by the Ministry of Home Affairs in the memorandum dated Feb. 25, 1966. The scheme visualised the transfer of all persons identified as surplus, whether in ministries or in field offices, to a central pool to be operated by a Special Cell in the Ministry of Home Affairs so that organisations in which they were, located were physically relieved of such surplus staff. The Special Cell was charged with the responsibility for arranging the placement of surplus staff elsewhere against fresh needs.

(3.) Sixteen officers including the two appellants had been declared surplus in the office of the Development Commissioner (SSI), New Delhi as a result of the recommendations made by the staff Inspection Unit of the Ministry of Finance. The Special Cell in the Ministry of Home Affairs was apprised of the surplus staff. Vide letter dated Aug. 22, 1966, the Ministry of Home Affairs sent a request to the Director of Administration, office of the Chief Engineer, C.P.W.D. New Delhi for absorption of 16 officers in suitable identical posts in that organisation.