JUDGMENT

Santosh Hegde, J.-Civil Appeal Nos. 5363-64/97 are preferred against the order dated 28.10.1994 made by the Central Administrative Tribunal, Principal Bench, New Delhi, in O.A. Nos. 1414-15/94. W.P.(C) No. 191/99 filed before this Court under Article 32 of the Constitution of India challenges the constitutional validity of Office Memorandum No. 20020/7/80-Estt. (D) dated 29.5.1986 issued by the Government of India T.C. (C) No. 56/99 is a transfer case filed seeking transfer of W.P. (C) No. 4128/98 pending on the file of the High Court of Delhi which involves the same question as is involved in the civil appeals referred to above.

2. In all the above cases, the question involved is whether a Sub-Inspector who was appointed as such in the Border Security Force (for short the BSF ) when transferred on deputation of Delhi Police in the cadre of Sub-Inspector (Executive) on being permanently absorbed in the transferred post, is entitled to count his substantive service as Sub-Inspector in the BSF for the purpose of his seniority in the Cadre of Sub-Inspector (Executive) in Delhi Police or not.

3. To appreciate the controversy involved in these cases, it is necessary to note the b