UNION OF INDIA Vs. ANIL KUMAR CHOUDHARY

JUDGEMENT

(1.) THE petitioner Union of India and Director, Intelligence Bureau have assailed the order dated 11. 08. 2009 passed in O. A. No. 944/2006 by the Central administrative Tribunal, Principal Bench, New Delhi, whereby the aforesaid original Application preferred by the respondent Nos. 1 and 2 has been allowed and the Tribunal has directed that they should be assigned seniority after reckoning the entire period that they have served in their parent cadre, namely, Central Industrial Security Force (CISF), respondent No. 3, in the equivalent grade of S. I. on regular basis. The respondents were also granted all consequential benefits including promotion and upgradation under the ACP Scheme, if and when due.

(2.) THE respondent Nos. 1 and 2 were appointed as Sub-Inspector (Executive) in the grade of Rs. 1400-2300 in the CISF in October, 1988. They were sent on deputation to the Intelligence Bureau (I. B)on the equivalent post of ACIO-II (G)where they joined their service on deputation in April, 1992 under the director, Intelligence Bureau. Vide office memorandum dated 23. 09. 1998 and 05. 09. 1997, respondent Nos. 1 and 2, were asked to give their option for absorption in the Intelligence Bureau and they gave their consent for absorption on 09. 10. 1998 and 26. 09. 1997, respectively. The Intelligence Bureau thereafter absorbed respondent Nos. 1 and 2 in the post of ACIO-II (G) w. e. f. 27. 04. 1997 by order dated 22. 02. 2002. The said respondents were granted seniority in accordance with O. M. dated 03. 10. 1989 issued by Dopandt. In the absorption order, it was disclosed that the "no Objection Certificate" from the parent department i. e. CISF for the absorption of respondent Nos. 1 and 2 in the intelligence Bureau was issued on 18. 01. 2000. However, we may notice that from the documents filed on record, it appears that the NOC in respect of respondent no. 1 was issued on 25/27. 01. 1999 and the NOC in respect of respondent no. 2 was issued on 24. 11. 1999. Vide memorandum dated 12. 11. 2002 and 01. 08. 2003, the Intelligence bureau assigned seniority to the respondent Nos. 1 and 2 in the grade of ACIO-II (G) from the date that they completed five years of service on deputation to the Intelligence Bureau and not from the date from which they were appointed in the equivalent grade of Sub Inspectors in the CISF. Consequently, they have been assigned seniority w. e. f. 27. 04. 1997.

(3.) RESPONDENT Nos. 1 and 2 represented against the assignment of seniority to them w. e. f. 27. 04. 1997 and placed reliance on O. M. dated 27. 03. 2001 of Dopandt in which it was stated that seniority would be counted from the date from which a person is absorbed in another department or had been appointed on a regular basis to an equivalent grade in his parent department, whichever is earlier. The representation of the respondent Nos. 1 and 2 were rejected on the ground that the instructions contained in Dopandt O. M. dated 27. 03. 2001 were effective only from 14. 12. 1999, as mentioned in paragraph 4 of the said O. M. and that the same would not apply to the said respondents, who were absorbed w. e. f. 27. 04. 1997. In these circumstances, the respondent Nos. 1 and 2 approached the tribunal by filing the aforesaid Original Application.