UNION OF INDIA Vs. T R KRISHNA MURTHY

JUDGEMENT

(1.) The Union of India by the present petition seeks to impugn the order dated 22nd December, 1997 passed by Central Administrative tribunal. The issue before CAT was whether the judgment of the Full Bench of the Central Administrative Tribunal in the case of S. S. Sambhus vs. Union of india and ors, (1992) 19 ATC 571 should also be made applicable to employees sent on deputation and who are holding a post higher than what was held by them in the parent department, when they are to be considered for promotion.

(2.) The Full Bench of the CAT had taken a view that where a person before regular promotion was holding a higher post, then whilst considering the C. Rs. , the grading of such a person in comparison with others in the zone of consideration, the grading of the person holding the higher post should be at one stage higher than what is his grading in the higher post. In other words if it is good then it should be treated as very good. The judgment of the Full Bench was challenged before the Apex Court which proceeded to dismiss the Special Leave petitions, The Apex Court also in an unreported judgment in Shri Prem Sinha gupta and etc. etc. vs. Union of India and ors. etc. etc. , Special Leave to Appeal (Civil/cr/ No. 5259/91 with SLP (C) Nos. 10447/92 and other petitions, while disposing of the matters observed as under :-

(3.) The petitioners, however, seek to distinguish the application of principle as laid down in Sambhus's case on the following grounds :- (i) Ad-hoc promotions are made strictly on seniority-cum-fitness basis. (ii) Ad-hoc Promotees are considered for regular promotion along with their juniors not holding any higher ad-hoc appointments and without giving any special consideration for their higher ad-hoc status. (iii) ACRs of juniors not holding ad-hoc appointments may have a better write-up on account of their long service in the same grade/post. Submission is that this would not apply where a person is sent on deputation for the reason that the practice of deputation is a normal phenomenon in Central Government Civil Services whereas ad-hoc promotion being granted only when there is a vacancy to be filled in urgently and it cannot be filled up with normal procedure.