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2003 Supreme(SC) 1041
2003(7) Supreme 504
SUPREME COURT OF INDIA
(From Central Administrative Tribunal at Hyderabad)
Ashok Bhan & AR. Lakshmanan, JJ.
Superintending Engineering & Ors. -Appellants
versus
A. Sankariah -Respondent
Civil Appeal No. 4449 of 1997
Decided on 17-10-2003
Counsel for the Parties :
For the Appellants : P.P. Malhotra, Sr. Advocate, Ms. Rekha Pandy, V.K. Verma and D.S. Mahara, Advocates.
For the Respondent : R. Santhanakrishnan, Advocate for Dr. Sunil Kumar, Advocate.
IMPORTANT POINT
When as per the terms of the policy of re-deployment of surplus staff formulated by Government of India, redeployment was to be treated as a fresh employment, past services rendered could not be counted for the purposes of seniority in the CPWD.
Headnote:Service Law-Seniority-Re-deployment of surplus staff-Respondent was appointed as Junior Engineer in Dandakarnya Development Authority in 1980-Subsequently he was declared surplus in the said project-Retrenchment of employees-Scheme for re-deployment of surplus staff formulated by Government of India to provide facility for re-deployment/alternative placement in other Government Offices where suitable vacancies exist-Re-deployment of surplus staff treated as transfer in public interest for specific purposes like transfer T.A., joining time, joining time pay, leave and pension-Surplus staff was treated as fresh entrants in the new office for purpose of seniority-Respondent joined CPWD as Junior Engineer on 19.8.1988 as a fresh entrant being eligible for grant of higher scale of pay after completion of 5 years in CPWD-Respondent s claim that his past service in Development Authority should have been taken into account for fixation of higher pay scale-Whether sustainable-(No).
Held : O.M. dated 27.3.1991 was issued by the Department of CPWD to give the benefit of higher pay-scale/revised pay scale to its Junior Engineers on completion of 5 years of service in CPWD for the entry grade pay scale of Rs. 1400-40-1800-EB-50-2300 (Pre-revised pay scale of Rs. 425-15-500-EB-15-500-20-700) which could not be given to an employee who was taken on re-deployment in the CPWD who was working in the pre-revised pay scale of Rs. 425-15-500-EB-15-500-20-700, as they had not completed 5 years of service in the department of CPWD. The benefit of revised pay scale could be given only on completion of 5 years of service in the CPWD in the entry grade pay scale of Rs. 1400-40-1800-EB-50-2300. Respondent could not be given for the benefit of working in the pre-revised scale of Rs. 425-15-500-EB-15-500-20-700 in his previous department. The emphasis in the O.M. was for the service of 5 years rendered in the CPWD and not for working in a particular grade in his service career, as has been understood by the Tribunal. Tribunal has proceeded as if this benefit was given to a person who had rendered service in a particular grade in his service career including some other department. In our opinion, in the O.M. the emphasis was to give benefit to the Junior Engineers working in CPWD of a higher grade on their completion of 5 years of service. The respondent was to be treated as a fresh entrant and the benefit of the O.M. dated 27.3.1991 could be given to him on completion of 5 years of service in CPWD from the date of his joining the CPWD. On re-deployment the respondent joined the service in the CPWD as Junior Engineer on 19.8.1988 as a fresh entrant and in the offer of appointment dated 11.8.1988 it was clearly stipulated that his re-deployment in the CPWD will not get the benefit of his past service in Dandakarnya Development Authority and his seniority in CPWD will be reckoned from the date of his actual joining the CPWD as Junior Engineer. He had accepted this offer and joined the Junior Engineer in terms of letter of re-deployment in the CPWD. (Paras 11 and 12)
JUDGMENT
Bhan, J.-The respondent herein was appointed as Junior Engineer in the Dandakarnya Development Authority on 30.5.1980 in the pay scale of Rs. 425-700. Subsequently, he was declared surplus in the said project. With a view to mitigate the hardship which would result from such retrenchment of employees, a scheme for re-deployment of surplus staff was formulated by the Government of India vide Ministry of Home Affairs, O.M. No. 3/27/65-CSII dated 25.2.1966 to provide facility for re-deployment/alternative placement in other Government Offices where suitable vacancies exist. While the re-deployment of surplus staff was treated as transfer in public interest for specific purposes like transfer-TA, joining time, joining time pay, leave and pension, the surplus staff was treated as fresh entrants in the new office for the purpose of seniority and seniority based matters in that office.
2. In view of the above O.M. respondent was offered an appointment in CPWD as Junior Engineer which he jointed on 19.8.1988 as a fresh entrant. In the letter of appointment it was specifically stated that the appointment will take effect from the date he actually joins the duty. That he would be on probation for a period of 2 years and required to pass a departmental examination in simple accounts within two years from the date of appointment and in the event of his failure to pass the said test within the stipulated time the second increment and future increment would be withheld till he passes the test. The appointment was temporary and liable to be terminated at any time by giving one month s notice. That he would not be granted the benefit of past service rendered by him prior to deployment for the purposes of seniority.
3. Directorate General of Works, Central Public Works Department vide O.M. No. A-11014/1/91EC /VI dated 27.3.1991 took a decision that with effect from 1.1.1986 the Junior Engineers (Civil and Electrical) and the Section Officers (Horticulture) of CPWD on their completion of 5 years service in the entry grade pay scale of Rs. 1400-40-1800-EB-50-2300 (Pre-revised pay scale of Rs. 425-15-500-EB-15-500-20-700) may be placed in the higher grade pay scale of Rs. 1640-60-2600-EB-75-2900 subject to the rejection of unfit and vigilance clearance by the DPC. In order to clarify that the benefit of past service rendered prior to deployment would not be counted for fixation of revised pay scales as per OM dated 27.3.1991 the Directorate General of Works, Central Public Works Department, issued O.M. No. A-26017/4/91/EC/VI dated 16.8.1991 clarifying that the Junior Engineers re-deployment in the CPWD shall not be entitled to take the benefit of past service for getting the benefit of two higher pay scales vide Memo dated 27.3.1991 as the same benefit was not admissible to the CPWD Junior Engineers who were senior to them with less than 5/15 years service. Relevant extract of O.M. dated 16.8.1991 is reproduced below:
"The matter has been considered and it has been observed that according to the instructions contained in the scheme of re-deployment staff issued by the Government from time to time the re-deployment staff are treated as fresh entrants in the new offices/organisations for the purpose of fixing their seniority and they are placed below the employees who have already joined the new offices/organisations wherein they count the date of their seniority from the date of joining/confirmation. The intention behind the policy is that the benefit of past service should be allowed to them where it does not adversely affect the interest of the employees already senior in the office/organisation to which they are re-deployed. It has, therefore, been decided that the Junior Engineer s re-deployed in the CPWD are not entitled to the past service benefit for getting the benefit of the two higher pay scales vide this Directorate O.M. No. A 11014/1/91/EC/VI dated 27.3.1991 as the same benefit is not admissible to the CPWD Junior Engineers who ar
