TMI Blog2009 (12) TMI 969X X X X Extracts X X X X X X X X Extracts X X X X ..... November 24, 1977, he was appointed to the post of Dy. S.P. on ad-hoc basis. He appears to have exercised his option for absorption to the post of Dy.S.P. in CBI in 1980 and the request for absorption also seems to have been accepted in 1983 but no formal order was issued and it was only vide order dated May 15, 1995 that respondent was absorbed in the service of CBI and appointed as Dy.S.P. on transfer basis with effect from June 29, 1987 on the recommendation of Union Public Service Commission (UPSC) and as per the guidelines issued by Department of Personnel and Training (DOPT) vide Office Memorandum dated May 29, 1986. The respondent, however, made representation and claimed his seniority with effect from November 24, 1977 when he was initially appointed to the post of Dy.S.P. in CBI. No favorable response on his representation was received by the respondent. He, then, approached Central Administrative Tribunal (CAT), Principal Bench, New Delhi by filing original application praying therein that direction be issued to the present appellants to fix his seniority in the grade of Dy.S.P. with effect from November 24, 1977 in place of June 29, 1987. 3. On February 3, 1998, CAT d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice which is classified as General Central Service Group, gazetted and non-ministerial post, shall be filled in by selection. The schedule provides for quota for selection to the post of Dy. S.P. for deputationists. There is a note appended to the Schedule for the post of Superintendent of Police and Deputy Superintendent of Police which provides that when these posts are held by deputation by officers of the State or Central Government Department, these posts will be treated as tenure posts. The note further provides that deputationists will not be eligible for promotion in the quota shown against the higher posts but if they are otherwise suitable and if vacancies are available, such deputationists may be appointed against deputation quota. 9. Rules, 1963 were amended in 1972 whereby in columns 10 and 11 in Schedule the following provisions were made : Column 10: (a) Promotion 30 per cent failing which by transfer on deputation failing both by direct recruitment. (b) Transfer/deputation-50 per cent failing which by direct recruitment. (c) Direct recruitment-20 per cent in consultation with the Union Public Service Commission. Column 11: Inspect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has already been holding on the date of absorption in the same or equivalent grade on regular basis in his parent department, it would be equitable and appropriate that such regular service in the grade should also be taken into account in determining his seniority subject only to the condition that at the most it would be only from the date of deputation to the grade in which absorption is being made. It has also to be ensured that the fixation of seniority of a transferee in accordance with the above principle will not affect any regular promotions made prior to the date of absorption. Accordingly, it has been decided to add the following sub-para (iv) to para 7 of general principles communicated vide O.M. dated 22nd December, 1959: (iv) In the case of a person which is initially taken on deputation and absorbed later (i.e. where the relevant recruitment rules provide for transfer on deputation/transfer ), his seniority in the grade in which he is absorbed will normally be counted from the date of absorption. If he has, however, been holding already (on the date of absorption) the same or equivalent grade on regular basis in his parent department, such regular service in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 990) 2 SCC 715, Union of India and Another v. Harish Chander Bhatia and Others (1995) 2 SCC 48 and Rameshwar Prasad v. Managing Director, U.P. Rajkiya Nirman Nigam Limited and Others (1999) 8 SCC 381. He also submitted that part of the Office Memorandum dated May 29, 1986 has been declared unconstitutional by this Court in Sub- Inspector Rooplal and Another v. Lt. Governor through Chief Secretary, Delhi and Others (2000) 1 SCC 644. 14. The question involved in the case of sub-Inspector Rooplal5 was whether a Sub-Inspector, who was appointed as such in the Border Security Force when transferred on deputation to the Delhi Police in the cadre of Sub-inspector (Executive) on being permanently absorbed with the transferred post, was entitled to count his substantive service as Sub- Inspector in BSF for the purpose of seniority in the cadre of Sub-Inspector (Executive) in the Delhi Police or not. While dealing with the aforesaid question, this Court referred to long line of cases and, particularly, relying upon the decisions of this Court in R.S. Makashi v. I.M. Menon (1982) 1 SCC 379. and Wing Commander J. Kumar v. Union of India (1982) 2 SCC 116 held that right of deputationist to c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that it is not a sound principle of construction to brush aside words in a statute as being inapposite surplussage, if they can have appropriate application in circumstances conceivably within the contemplation of the statute. 16. In K. Madhavan AIR 1952 SC 369, this Court, while holding that deputation may be regarded as a transfer from one government department to another, reiterated that transfer cannot wipe out length of service in the post from which an employee has been transferred and if a government servant holding a particular post is transferred to the same or equivalent post in another government department, the period of his service in the post before his transfer ought to be taken into consideration. This legal position admits of no doubt but the respondent herein did not hold the post of Dy.S.P. or equivalent grade on regular basis in his parent department prior to his absorption and, therefore, the principle laid down in K. Madhavan1 has no application. 17. It is true that respondent was appointed as Dy.S.P. on officiating basis by CBI in 1977 and he continued as such until his absorption in 1987, the question is, should the said period be taken into accou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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