Judgment

KULDIP SINGH, J.:- 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. Renu Mullick, the appellant, joined service in the Directorate of Statistics and Intelligence, Central Excise and Customs. New Delhi on December 17, 1974 as Lower Division Clerk (LDC). She was promoted to the post of tipper Division Clerk (UDC) on May 10, 1981. She was transferred, on her own request, to Allahabad by the Order dated July 30, 1987, and she joined as UDC on August 4, 1987 in the Central Excise Collectorate at Allahabad.

4. 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:---

"2(ii). The transferee will not be entitled to count the service rendered by him in the former Collectorate for the purpose of seniority in the new charge. In other words, lie will be treated as a new entrant in the Collectorate to which he is transferred and will be placed at the bottom of the list of the temporary employees of the concerned cadre in the new charge,

3. A written undertaking to abide by the requisite terms and conditions may be obtained from the employees seeking transfers before the transfers are actually effected."

5. The appellant gave the necessary undertaking in the following words:

"I hereby agree to and undertake to comply with the conditions detailed below:

1. My seniority will be fixed below the last temporary U.D.C. in the Allahabad Collectorate, i.e. I will be treated as a fresh entrant in the cadre of U.D.C. in the new charge.

2. No transfer, travelling allowance and joining time etc., will be admissible to me as a result of this transfer.

3. I will not be considered for further confirmation and promotion in the Directorate of S & I. Central Excise and Customs, New Delhi.

I will be adjusted against a direct recruit and unreserved vacancy in the grade of U.D.C."

6. It is not disputed that on joining Central Excise Collectorate, Allahabad, the appellant was placed at the bottom of the seniority list in accordance with the Government instructions quoted above. The appellant does not make any grievance about the fixation of her seniority in the new charge at Allahabad.

7. In the year 1991, the appellant along with several other UDCs was considered for promotion to the post of Inspector by the Departmental Promotion Committee in accordance with the Central Excise and Land Customs Department Group C Posts Recruitment Rules, 1979 (the rules). Rule 4 read with the Schedule to the rules lays down the eligibility qualifications for promotion to the post of Inspector. The relevant extract is reproduced hereunder:-

"Inspector: Promotion by selection from U.D.C. with 5 years service or U.D.C. with 13 years of total service as U.D.C. and L.D.C. taken together subject to the condition that they should have put In a minimum of two years of service in the grade of U.D.C. ............"

Note 3: If a junior person is considered for promotion on the basis of his completing the prescribed qualifying period of service in that grade, all persons senior to him in the grade shall also be considered for promotion, notwithstanding that they may not have rendered the prescribed qualifying period of service in that grade but have complete