UNION OF INDIA Vs. SATISH KUMAR

JUDGEMENT

(1.) RESPONDENT No. 1 -Satish Kumar was appointed as a Clerk in the office of Inspector General of Police, Union Territory Chandigarh on December 16, 1966. After being confirmed as a Clerk on August 17, 1974, he was promoted as an Assistant on September 4, 1976. One Shri Daya Nand had served in the Army w.e.f. November 11, 1960, to August 17, 1964. He joined as a Clerk on March 8, 1967, in the office of Inspector General of Police, Union Territory Chandigarh. He made a request for the grant of benefit of Military service under the Punjab Government National Emergency (Concession) Rules, 1965 (hereinafter called '1965 Rules') as applicable to the Union Territory Chandigarh. On March 19, 1987, Chandigarh Administration had issued a detailed circular clarifying that irrespective of the fact whether an incumbent had joined Army before or during the Emergency he would be entitled to the benefit of Military service rendered during the Emergency towards seniority, increments etc. In the light of the aforesaid decision of the Union Territory Administration, Shri Daya Nand was allowed the benefit of Military service vide order dated May 8, 1989, and was given the notional date of appointment as a Clerk as November 1, 1966 (the date of formation of U.T. Chandigarh) and was also given the deemed date of promotion as an Assistant as September 3, 1976. Copy of the order has been appended as Annexure P -l. Daya Nand filed a petition before the Central Administrative Tribunal in the year 1989 for directing the Union Territory Government to promote him to the post of Deputy Superintendent as per his seniority. The Central Administrative Tribunal vide order dated November 16, 1989, disposed of the Original Application with a direction to the respondent to consider the case of DayaNand for promotion to the post of Deputy Superintendent within two months. Daya Nand's case was considered and he was promoted as Deputy Superintendent vide order dated March 30, 1990.

(2.) RESPONDENT No. 1 -Satish Kumar challenged two orders before the Central Administrative Tribunal (i) dated May 8, 1989, copy annexure P -2 granting the benefit of Military service to Shri Daya Nand, and (ii) the order dated March 30, 1990, copy annexure P -4, promoting Shri Daya Nand as Deputy Superintendent. The Central Administrative Tribunal vide its judgment dated November 11, 1992, copy annexure P -5, accepted the petition of Shri Satish Kumar (now respondent) and quashed the aforesaid two orders in favour of Shri Daya Nand. It may be observed here that the order dated May 8, 1989, had been appended as Annexure P -1 and order dated March 30, 1990, as Annexure P -2 with the petition filed by Shri Satish Kumar before the Tribunal. It may further be observed that a matter was also pending before the apex Court as to whether the 1965 Rules ipso facto were applicable to the Union Territory Chandigarh employees, in paras 10, 11 and 13 of the Tribunal's order dated November 11, 1992, it was observed as under : -

(3.) SHRI Daya Nand had challenged the order of the Central Administrative Tribunal dated November 11, 1992, before the Apex Court. The case of Shri Daya Nand was decided along with the SLP which was pending earlier and it was held that the 1965 Rules continued to be applied to the employees of UT Chandigarh after November 1, 1966 till they were changed/modified by the Chandigarh Administration. The decision by the apex Court was rendered on September 12, 1995, and the judgment is now reported in Daya Nand v. Union of India The concluding portion of the judgment of the apex Court reads as under : -