K R RAGHAVAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The relevant facts of this case are few but they give rise to some questions of law which are important and yet not covered by judicial decisions. Hence the reference to the Full Bench. INITIAL APPOINTMENT OF RESPONDENT NO. 6 AND HIS SUBSEQUENT APPOINTMENT AS INCOME-TAX OFFICER, CLASS II

(2.) The Federal Public Service Commission held a combined competitive examination in 1945 to as many as eight Central Services including (1) Indian Audit and Accounts Services, (2) Military Accounts Department, and (3) The Income-tax Officers (Class I Grade II) Service. Shri Ranbir Chandra, respondent No. 6 Qualified in this examination and was appointed to the Emergency Cadre of the Military Accounts Department on the 10th January, 1947 by a gazette notification dated 22nd February, 1947. He was also made to execute a contract of service which was to continue initially for three years and subsequently on like terms and conditions until terminated by three months' notice. In 1950 the Government thought that the Emergency c^dre would have to be seen wound up and would not last beyond 31-3-1952. With a view to consider the then incumbents of the Emergency Cadre for absorption in some other Class I service, the Government constituted a Special Recruitment Board which interviewed them, including respondent No. 6, and placed them in three categories (a) those suitable for absorption in Class I Service, (b) those suitable for permanent appointment to posts of Income-tax Officers Class II and Ministry of Defence, and (c) those who were not suitable for either (a) or (b). Respondent No. 6 was placed in category (b) for permanent appointment to a Class II post in the Income-tax Department. He says "He wanted to refuse this 'offer', but the Defence Accounts Department informed him in writing that persons like him would be retrenched with the winding up of the Emergency Cadre shortly .... Under these circumstances the peti- tioner had no other course but to accept this offer." (vide paras 3 and 6 of his representations to Government dated 18-7-1967 and 8-10-1973 respectively). He was appointed as Income-tax Officer, Class H, on 2-3-1951. According to the later finding of fact by the Union Public Service Commission (UPSC) even on 8-3-1951 the Government informed respondent No. 6 and officers like him that there was no guarantee than they would continue to be retained in the Emergency Cadre even up to 31-3-1952 and they were advised to be on the look out for offers of appointment either through Government sources or otherwise. On these facts respondent No. 6 takes the stand that he was forced by the Government to take such a decision (vide UPSC letter dated '22-9-1975).

(3.) REPRESENTATIONS BY RESPONDENT NO. 6: Right from October, 1951 and particularly in 1957, 1967 and 1974 respondent No. 6 made repeated representations to the Government pointing out that he was made to accept a Class II service on the representation that the Emergency Cadre would soon be wound up and the persons serving in it would have to find out jobs for themselves. Actually, persons who continued in the Cadre having been graded by the Special Recruitment Board below respondent No. 6 and as not fit for absorption either in Class I or Class II service were eventually absorbed permanently in Class I service because the Emergency Cadre continued till 1957 contrary to the representation made to Shri Ranbir Chandra in 1950 and 1951. These persons also got partial benefit of their previous service rendered in Class I Emergency Cadre. Respondent No. 6 complained in his representations that he did not get any benefit of Class I service rendered by him from 1947 to 1951 when he was appointed to Class II Income-tax Officers service. After his earlier representations were rejected summarily on technical grounds, the Government rejected his 1967 representation after consultation with the UPSC on the ground that "there is no question of comparison of service prospects between two services and, therefore, the seniority of Shri Ranbir Chandra need not be revised only because certain persons who were not found suitable even for Class II appointment by Special Recruitment Board held in 1950 continued in the Emergency Cadre of the Military Accounts Department and later got enhanced seniority on being absorbed in Class I regular cadre of the Military Accounts Department." (vide UPSC letter dated 22-9-1975).