The Tribunal's failure to consider crucial documents and pleas raised by the parties led to the setting aside of its judgments and the restoration of the cases for fresh adjudication.

Pradeep Nandrajog, J.

1. Shorn of unnecessary details, the facts leading to filing of the above captioned petitions are that respondents in both the petitions namely; Sansar Chand, Mangal Singh Rawat and Jeevan Lal; were appointed in Special Security Bureau (hereinafter referred to as the SSB) on the posts of Constable in the General Duty cadre.

2. There was a Homeopathy cadre in SSB. As per SSB (Homeopathy) Service Rules, 1992, the hierarchical structure of the Homeopathy cadre was as follows: - <- Senior Medical Officer (Homeopathy) <- Medical Officer (Homeopathy) <- Deputy Field Officer <- Assistant Field Officer <- Senior Field Assistant (Homeopathy).

3. The sanctioned posts in the Homeopathy cadre were as under:-

S. No. Name of Post Number of Sanctioned Post

1. Senior Medical Officer (Homeopathy) 1

2. Medical Officer (Homeopathy) 9

3. Deputy Field Officer 10

4. Assistant Field Officer 48

5. Senior Field Assistant (Homeopathy) 89

4. Since the respondents and a few other persons working as Constables in the General Duty cadre had degrees in Homeopathy they were appointed by transfer in the Homeopathy cadre on the post of Senior Field Assistant (Homeopathy) between the years 1993-1997.

5. On May 20, 1999 the Cabinet Secretariat, Government of India, issued an order regarding 10% cut in the sanctioned strength of posts in SSB, the relevant portion whereof reads as under:-

“In terms of Government directive for 10% cut in the sanctioned strength of posts of SSB excluding battalion side and SFF, president is pleased to abolish 590 posts in SSB as indicated in Annexure-I and 870 posts in SFF as shown in Annexure-II.

2. So far abolition of posts in SSB is concerned, total number of 103 posts as shown under Col. 6 of the Annexure-I are abolished with immediate effect. The posts shown under Col. 5 of the Annexure-I (Total 487 posts) which are at present filled up will be abolished automatically on that falling due to promotion, transfer, retirement, death etc. of the incumbent holding the posts.

ANNEXURE-I

1. Total sanctioned strength of Area side ….5,900 posts (Gazetted & Non-Gazetted)

2. Posts proposed for surrender under ….590 posts 10% cut in sanctioned strength

S. Name of Name No. of No. of No. of

No. the Posts of units of posts posts posts

SSB from S P V

which

sanctioned

31. SMO SSB Dte. 1 - 1

(homeo)

32. MO (homeo) Manipur, 9 9 -

J & K,

HP, UP,

NO, NB,

Shillong,

AP and

R&G 1 in

each iv

Hqrs.

33. D.F.O. - 10 - 10

(Homeo)

34. A.F.O. Entireunits 48 - 48

(Homeo) of SSB

35. SFA - 89 81 8”

(Homeo)

(In the above table, ‘S’ stands for sanctioned, ‘P’ stands for present and ‘V’ stands for vacant.)

6. In view of paragraph 2 and Annexure-1 of the afore-noted order dated May 20, 1999 all the 10 posts of Deputy Field Officer (Homeo) and 48 posts Assistant Field Officer (Homeo) in the Homeopathy cadre were required to be abolished with immediate effect since they were lying vacant on the date of issuance of said order.

7. In the year 2001 SSB came under the administrative control of the Ministry of Home Affairs, Govt. of India.

8. On July 05, 2001 the Ministry of Home Affairs passed on order regarding abolition of posts in the Homeopathy cadre of SSB, the relevant portion whereof reads as under:-

“As you are aware, the entire Homeopathy Cadre has been abolished by the Cabinet Secretariat vide their order No.A-11011/17/97-DO-448 dated 20.05.1999 under 10% cut with the direction that filled up posts will be abolished automatically on their falling vacant due to promotion, transfer, retirement, death etc. of the incumbents holding the posts.

2. The matter regarding adjustment of 79 SFAs (Homeo) who have been rendered surplus due to abolition of the Homeopathy cadre has been considered. The SFAs (Homeo) were appointed to the post on transfer from amongst the Constables (GD)/FAs etc. who had done Homeopathy course. It is observed that almost all the incumbents of the best of SFA (Homeo) have on an average 15 to 25 years of s