IMPORTANT POINT
For purpose of determining seniority of an absorbee, if he was already holding on the date of absorption the same or equivalent grade on regular basis in his parent department, his regular service in the grade is to be counted.

Headnote:Service Law-Special Services Bureau (Junior Executive) Service Rules 1976-Rules 6 and 7-O.M.No. 9-11/55, RPS, dated 22.12.1959, Clause (7), sub clause (iv) as added on 29.5.1986-Seniority, determination of-Claim of seniority from the date claimant initially joined the Department on deputation-Respondent joined service in Himachal Education Department as a trained graduate teacher-He was appointed as a Science Master w.e.f. 26.9.1970 in pay scale of 220-550-This scale was subsequently revised to Rs. 620-1200 w.e.f. 1.1.1978 -Respondent joined Special Services Bureau on deputation w.e.f. 8.2.1977 as Circle Organizer-On his exercising option, he was absorbed in post of Circle Organizer w.e.f. 8.8.1984-Issuance of seniority list of Circle Organizers-Respondent s seniority was determined from date of his absorption in the Department as Circle Organizer-Respondent claiming seniority with effect from the date he joined the Department on deputation-Whether sustainable-(No).
       Held : According to sub-clause (iv) of the said O.M., for purpose of determining seniority of an absorbee, if he was already holding on the date of absorption the same or equivalent grade on regular basis in his parent department, his regular service in the grade is to be counted. In the present case, respondent No.1 was holding a post of Science Master on regular basis in an equivalent grade with effect from 1.1.1978. The grade of the said post was revised to Rs. 620 - 1200 with effect from 1.1.1978. Thus, respondent No.1 was holding a post in a rather higher grade than the grade of post of Circle Organizer, in his parent department on regular basis with effect from the date the scale of that post stood revised which was 1.1.1978. Thus, it is clear from the Government s own instructions that the respondent No.1 is entitled to be assigned seniority with effect from 1.1.1978. (Para 9)
       The relevant word used in the Government s instructions is grade . It is not disputed that with effect from 1.1.1978, respondent No.1 was holding a post in the parent department on regular basis in a grade higher than the grade of the post of Circle Organizer which he held in the department where he was absorbed. In the present case, the relevant Government instructions had come into force on 29th May, 1986 while the tentative seniority list was issued on 24th October, 1986. The revised seniority list was issued much later. (Paras 10 and 11)
       This leads to the inevitable conclusion that respondent No.1 is entitled to benefit of service rendered by him on regular basis with effect from 1.1.1978. In other words his seniority in the post of Circle Organizer is to be fixed after counting his service in his parent department from 1.1.78 onwards (Para 12)

JUDGMENT

Arun Kumar, J.-

C.A. No. 2702/1997 :

This appeal is directed against the judgment dated 15th March, 1996 of the Central Administrative Tribunal, Chandigarh Bench. The original application was filed by respondent No. 1 before the tribunal challenging seniority list issued by the Department wherein his seniority had been fixed from the date of absorption in the Department. Respondent No.1 was claiming seniority from the date he initially joined the Department on deputation. To appreciate the issue involved in the appeal, it is necessary to give some facts. Respondent No.1 had joined the service in the Himachal Education Department, a department of the State Government, as a trained graduate teacher. He was appointed as a Science Master with effect from 26.9.1970 in the pay scale of Rs. 220-500. This scale was subsequently revised to Rs. 620-1200 with effect from 1.1.1978.

2. After the Chinese aggression, the Government of India had started a department called Special Services Bureau under the Directorate General of Security (DGS). To govern the service conditions in the Special Services Bureau, rules called the Special Services Bureau (Junior Executive) Service Rules, 1976 were promulgated with effect from 30th June, 1976. Respondent No.1 joined the said Bureau on deputation with effect from 8th February, 1977 as Circle Organizer. On his exercising option in this behalf, he was absorbed in the said post of Circle Organizer with effect from 8th August, 1984.

3. The Department issued a tentative seniority list of Circle Organizers on 24th October, 1986. The respondent was aggrieved of the said list as his seniority was determined from the date of his absorption in the Department as Circle Organizer. Respondent was claiming seniority with effect from the date he joined the Department on deputation. He made representation against the tentative seniority list. However, on 6.12.1987 and thereafter on 30.6.1988 seniority lists were issued in which respondent No. 1 was assigned seniority on the basis of the date of his absorption in the Department. The respondent made some representations against the same which were, however, rejected. Ultimately, he filed the Original Application before the Central Administrative Tribunal, Chandigarh Bench, in the year 1989. This was allowed by the tribunal by its judgment dated 15th March, 1996, which is under challenge in this appeal.

4. The stand of the appellant is that respondent No. 1 is entitled to seniority only from the date of his absorption in the Department and not prior thereto. To examine this stand of the appellant, reference has to be made to the Service Rules, that is, Special Services Bureau (Junior Executive) Service Rules, 1976 and the relevant Government of India instructions.

5. Rule 6 refers to initial constitution Sub-rule (1) only is relevant for the present purpose which runs as under :

"(1) All persons holding, as on the appointed day, any one of the categories of posts specified in rule 4, whether in a permanent or temporary or officiating capacity or on deputation basis, shall be eligible for appointment to the service at the initial constitution thereof."

6. It is seen from the said Rule that deputation is envisaged as one of the modes of appointment to the service. Respondent No.1, it will be recalled had come on deputation and therefore he was eligible to join the service. Rule 7 refers to seniority of those appointed at the time of initial constitution.

"SENIORITY OF THOSE APPOINTED AT THE TIME OF INITIAL CONSTITUTION :

Seniority of persons appointed on a permanent basis in each grade at the initial constitution of the service shall be in the order in which they are shown in the relevant lists prepared in accordance with provisions of rule 6."

7. The respondent in the present appeal had joined subsequently, therefore, Rule 7 is not relevant.

8. Rule 10 refers to fixation of seniority at the maintenance stage. We need not refer to the said Rule because it stood deleted vide

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2003 Supreme(SC) 762

IMPORTANT POINTFor purpose of determining seniority of an absorbee, if he was already holding on the date of absorption the same or equivalent grade on regular basis in his parent department, his regular service in the grade is to be counted.

Cases Referred (1)

IMPORTANT POINT
For purpose of determining seniority of an absorbee, if he was already holding on the date of absorption the same or equivalent grade on regular basis in his parent department, his regular service in the grade is to be counted.