JUDGMENT

Ramesh Ranganathan, C.J. - The jurisdiction of this Court, under Article 226 of the Constitution of India, has been invoked by the Union of India against the order passed by the Central Administrative Tribunal, Allahabad Bench at Nainital in O.A. No.1367 of 2011 dated 07.04.2016.

2. The jurisdiction of the Tribunal was invoked by the Association of Class I, Group-A Officers, Survey of India through its Secretary, besides several officials in the civilian stream working in different posts such as Director and Superintending Surveyor. The relief they sought in the O.A. was to quash the order dated 19.07.2011 issued by the first respondent i.e. the Secretary, Ministry of Science and Technology to the third respondent i.e. the Surveyor General of India approving the permanent secondment of Army officers to the Survey of India; (b) to quash the orders dated 27.07.2011 and 13.10.2011 issued by the third respondent; (c) to direct the respondents to refrain from inducting Army officers, in the Survey of India, in contravention of the existing recruitment Rules; and (d) to direct the respondents to dispose of the representation dated 09.09.2011 by passing a speaking order within a period of three months from the date of the order of the Tribunal.

3. In its order, impugned in this Writ Petition, the Tribunal noted the contentions urged on behalf of the applicants that, though the department has a separate seniority and posts for civilian officers vis- -vis Army Officers, the functions of the department was such that, irrespective of the stream, an officer holding higher posts ranked senior to the person holding junior post; to illustrate, Applicants 21 and 22 had joined the Survey of India as Deputy Superintending Surveyor in the month of July, 2009; respondents 4 to 7 and 9, holding the rank of 'Major', (analogous to the post of Superintending Surveyor), had joined the Survey of India on 15.11.2011; Applicant No. 22, though having more length of service in the department, was junior to respondents 4 to 7 and 9, and had to work under them, as he was promoted to the post of Superintending Surveyor in the month of January, 2019; respondents 4 to 7 and 9 holding the rank of 'Major', analogous to the post of Superintending Surveyor, were senior to Applicants 21 and 22 right from the date of their induction; respondents 4 to 7 and 9, even though they had less length of service, would be initialing the ACRs and Character Rolls of those civilians who had more length of service, as they held the rank of a 'Major' analogous to the post of Superintending Surveyor; similarly respondents 4 to 7 and 9 who were Army Officers in the rank of 'Major', and having commissioned service more than that laid down in the RR, would be entitled to be promoted/granted as NFSG just after putting six years' service in the Survey of India, whereas the applicants, who were all Civilian officers, would have to wait for 14 years for grant of NFSG, despite having more length of service in the department; the post of NFSG is that of a Director in the Survey of India; Civilian Officers, having more length of service in the department, had to work under respondents 4 to 7 and 9 (Army Officers) holding the rank of Major; these officers, having more commissioned service, were eligible to enjoy higher status in various boards and committees; and the Civilians, who had more length of service in the department, had to assist them being their juniors.

4. The Central Administrative Tribunal, after taking note of the submissions, urged on behalf of the respondents before it (petitioners herein) regarding the circumstances in which the army officers came to be appointed in the Survey of India, observed that, in accordance with Rule 3(1) of the Survey of India (Group 'A') Posts) Service Rules, 1989, the integrated seniority of Civilian and Defence Officers had been split up into two separate streams viz 'Civilian' and 'Defence' streams; the posts included in the service, the