UNION OF INDIA Vs. B RAMAKRISHNA PILLAI

JUDGEMENT

(1.) THIS writ petition is against Ext. P3 judgment of the tribunal below, whereby the petitioners are directed to count the service of the first respondent that he had spent in Central Command before transfer on compassionate ground to Southern Command for the purpose of seniority and consequent promotion. It is contended that civilian employees transferred on compassionate ground cannot carry the service be put by them, to the transferee command, except for the purpose of pay fixation, pension and other retirement benefits. In this regard the circular contained in Annexure-A4 in Ext. P1 application is much relied on. The decision of the Supreme Court reported in grusharan Singh v. Union of India & ors. (AIR 1994 SC 1059) is also relied on. Therefore they submit that the direction given by the tribunal is unjustified.

(2.) IT is contended by the first respondent that the impugned order of the tribunal is well justified in the light of Annexure-A5 in ext. P1 application, which makes it clear that Annexure-A4 referred to above is made applicable by reason of Annexure-A5 only to these industrial employees in military Engineering Service. IT is further submitted that even this restriction has been subsequently taken away in respect of the industrial employees as well. IT is further submitted that he has not been communicated of this restriction when was transferred on 19. 5. 95. The judgment of the Supreme court relied on by the Petitioners does not apply to this case because it is not revealed whether the incumbents therein belonged to industrial unit or non-industrial unit. Therefore that cannot be relied on to unsettle the finding of the tribunal below, it is submitted.

(3.) THIS dictum in Gursharan Singhs case is applicable to the Civilian employees transferred on compassionate ground. Admittedly the 1st respondent is a civilian employee. Going by the said dictum he cannot carry the service that he had put in Central Command before the compassionate transfer to southern Command where he joined based on compassionate transfer, for the purpose of seniority and to claim promotion in preference to those who were in service in Southern Command as on the date of his transfer. It is true that judgment of the Supreme Court does not specifically state whether the Gursharan or the contesting incumbent mentioned in that judgment belongs to the industrial cadre or otherwise, as submitted by the 1st respondent. But considering the case of the incumbents the Supreme Court applied the rules as applicable to Civilian Employees. Then the only probable conclusion that can be drawn is that the employees considered were also belonging to civilian employees. Necessarily, the dictum is squarely applicable to the first respondent who is a civilian employee. When the Supreme Court judgment is thus followed he cannot carry his past service in the Central Command to Southern command for the purpose of seniority and promotion. The view taken by the tribunal cannot therefore be sustained. Ext. P3 is therefore set aside. The O. A thus stands dismissed making it clear that the first respondent can count his service only with effect from 19. 5. 95 for seniority and promotion. Original Petition is allowed. . .