RENU MULLICK Vs. UNION OF INDIA

JUDGEMENT

(1.) SPECIAL leave granted.

(2.) ACCORDING to the executive instructions dated May 20, 1980, issued by the Central Board of Excise and Customs, a Group 'C' Officer, when transferred on his own request, from one Central Excise Collectorate to another, is not entitled to count the service rendered by him in the former Collectorate for the purpose of seniority in the new charge. The question for our consideration is whether the said officer is further deprived of the said service even for determining his eligibility for promotion to the higher cadre. The Central Administrative Tribunal, Allahabad Bench, has answered the question in the affirmative. This appeal by way of special leave is against the judgment of the Tribunal.

(3.) EXECUTIVE instructions dated May 20, 1980, issued by the Central Board of Excise and Customs provide for inter collectorate transfers on the conditions specified therein. The relevant conditions in para 2 (ii) and para 3 are as under: