SC SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE short issue for consideration in the instant case is whether the qualifying period for grant of seniority for promotion to the post of Inspector shall take effect from the date of absorption of the applicant in the respondent organization or from the date of deputation.

(2.) ADMITTEDLY , the applicant joined as Sub Inspector in the pay scale of Rs. 4000 -100 -6000/ - on deputation basis w.e.f. 15.11.1999 with the respondent no. 2 and was absorbed in the same scale w.e.f. 24.05.2005. The respondent organization had six sanctioned posts of Inspector (temporary) out of which 4 posts have been abolished by the Ministry of Finance w.e.f. 01.04.2007. As per the existing recruitment rules, the mode of recruitment was 12.5% by promotion failing which by transfer on deputation and 87.5% by transfer on deputation. However, for promotion to the post of Inspector, amendment to the recruitment rules was deemed necessary. Since the vacancies were required to be filled up urgently, promotion to the said post on ad hoc basis was recommended. The applicant could not be given ad hoc promotion as amendment to the recruitment rules, 2003 was under process. The condition of promotion to the post of Inspector was Sub Inspector (General) in Pay Band -I of Rs. 5200 -20200/ - with Grade Pay of Rs. 2400/ - with ten years of regular service in the grade. The applicant made a representation on 15.01.2013 stating therein that he had completed more than 13 years of service in the rank of Sub Inspector and was considered for the post of Inspector but his service was reckoned from 24.05.2005 and not from his date of deputation i.e. 15.11.1999. The applicant further made a representation on 16.04.2013 requesting for counting his service from the date of his deputation as per the law laid down by the Hon'ble Supreme Court in the matter of S.I. Rooplal and Another versus Lt. Governor through Chief Secretary, Delhi and Others [ : AIR 2000 SC 594]. The instant Original Application has been filed by the applicant to press this demand. In addition, the applicant has also relied upon the decision of the Hon'ble Supreme Court in the matter of K. Madhavan versus Union of India [ : 1987(4) SCC 566] which provides that when a deputationist is permanently absorbed in the CBI, he is appointed on transfer under the rules and that it will be against all rules of service jurisprudence if his services intervening the deputation and the period of absorption were to be wiped out. The Government of India also carried out amendment to its OM dated 29.05.1986 vide OM dated 27.03.2001 providing that in the case of a person who is initially taken on deputation and absorbed later on, his seniority in the grade in which he is absorbed, will normally be counted from the date of absorption; if, however, he has been already holding on the date of absorption same or equivalent grade on regular basis in his parent department, such regular service shall also be taken into account in fixing his seniority, provided he will be given seniority from the date he has been holding the post on deputation, or the date from which he is appointed on a regular basis to the same or equivalent grade in his parent department, whichever is earlier. The applicant has additionally relied upon the decision of the Hon'ble High Court of Delhi in the case of Dr. Rajendra Kumar & Others versus The Government of NCT of Delhi [WP(C) No. 14097 -100/2005 decided on 11.10.2006] which has since attained finality.

(3.) THE applicant has sought the following relief(s): -