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SUPREME COURT OF INDIA
SANJAY KISHAN KAUL, K.M. JOSEPH, JJ.
Shri Govinda Chandra Tiria - Appellant
Versus
Sibaji Charan Panda & Ors. - Respondents
Civil Appeal Nos.3542-3543 of 2010
Decided on : 05-02-2020
Staff Selection Commission - Appointment and Deputation - O.M. No.20020/7/80-ESTT(D), O.M. No.AB-140171/89-Est(RR) - The court discussed the terms of absorption and seniority of an employee who was initially appointed on deputation and subsequently absorbed. The court emphasized the conditions stipulated at the time of absorption and the impact of relevant office memorandums on seniority. The court also considered the public interest aspect and the employee's acceptance of the terms and conditions of absorption.
Fact of the Case:
The respondent was appointed to the post of Lower Division Clerk (LDC) on deputation basis and subsequently sought permanent absorption. The issue arose when the respondent challenged the seniority list, claiming it was calculated in violation of government circulars and guidelines.
Finding of the Court:
The court found that the respondent had accepted the terms and conditions of absorption, including the stipulation that his seniority would rank below others. The court held that the seniority list prepared as a result of the absorption's terms and conditions could not be faulted.
Issues: The issues revolved around the terms of absorption, the impact of relevant office memorandums on seniority, and the public interest aspect of the absorption.
Ratio Decidendi: The court emphasized that the employee's acceptance of the terms and conditions of absorption, including the stipulation regarding seniority, precluded him from challenging the seniority list at a later stage. The court also considered the public interest aspect and the impact of relevant office memorandums on the seniority calculation.
Final Decision: The court allowed the appeals, maintaining the seniority list but directing the creation of an ex-cadre/supernumerary post to prevent the demotion of the respondent.
JUDGMENT :
SANJAY KISHAN KAUL, J.
1. On the recommendation of the Staff Selection Commission, the respondent No.1 before us was so offered an appointment to the post of Lower Division Clerk (LDC) Group C in the Ministry of Environment & Forests, Government of India, New Delhi in the pay scale of Rs.950-1500/-vide letter dated 24.05.1993. In terms of this letter of appointment, the head quarter of the work was at New Delhi, but the appointment carried with it a liability to serve anywhere in India. On completion of the period of probation of two years, the respondent NO.1 made an application dated 22.07.1994 in pursuance to Circular dated 24.11.1993, seeking options from the staff for the post of LDC on “transfer on deputation basis” initially for a period of one year, which was likely to be extended to a further period of maximum three years. The application of respondent No.1 was accepted and he joined the office of Deputy Conservator of Forests as LDC at Bhubaneshwar on 10.5.1994 in pursuance to his selection vide letter dated 12.04.1994.
2. In terms of the Circular dated 24.11.1993, respondent No.1 was granted the maximum number of extensions, for a period of three years, periodically after obtaining the no objection certificate from the Central office at Delhi.
3. In the course of the tenure of deputation, respondent No.1 made a request for transfer on a permanent basis to the regional office at Bhubaneshwar and vide letter dated 21.11.1994, from the Central office to the Easter Regional Office, MoEF, Bhubaneshwar, it was informed that no further extension could be given to respondent No.1 and calling upon the Bhubaneshwar Office to make its own recruitments. Respondent No.1, however, persisted with his request and then sent a letter on 22.09.1995, seeking the consideration of his case sympathetically. The relevant part of this letter is extracted as under:
In this connection, I request you to refer to my applications dated 30.01.95 and 17.05.95 and request you to take necessary action at any early date.”
4. On 05.09.1996, once again respondent No.1 made a representation to the Bhubaneshwar office for absorption on “compassionate grounds” as LDC (Hindi Typist) on transfer basis. The endeavour of respondent No.1 finally succeeded when an office memorandum dated 13.11.1996 was issued intimating him about the approval of the competent authority for absorption on a transfer basis in the Eastern Regional Office and seeking his consent on the terms and conditions set out in the letter. The said conditions are under:
(ii) He will be treated as fresh appointee in the Eastern Regional Office, Ministry of Environment & Forests, Bhubaneswar and he will be ranked junior most in the cadre of LDC in ERO, MOEF, after his appointment in this office.
(iii) His present posting shall be at Bhubaneswar (Orissa) but he is liable to be posted anywhere of India in this Ministry.
(iv) The transfer is at his own request and as such, he is not entitled to TTA/Joining time etc.
In case he is willing to accept all the conditions stipulated above, in addition to all the rules and regulations applicable to his grade in Govt. of India, he may please got relieved of his duties from Ministry of Environment & Forest, New Delhi after completing all the required formalities and thereafter report for duty in the Ministry of Environment & Forests, Eastern Regional office, Bhubaneswar.”
5. The crucial aspect is that respondent
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