TMI Blog1999 (9) TMI 970X X X X Extracts X X X X X X X X Extracts X X X X ..... od of their service to the equivalent post held by them in their parent department, before their deputation and absorption in the service. On the application filed by respondent No. 1, the CAT accepted the former plea and directed the determination of the seniority of the employees of the CAT from the date of their deputation. Such dictions were issued on the basis of the official memoranda and departmental instructions after holding that there did not exist any provision in the Rules for the purposes of determination of the seniority of persons recruited to the service by absorption on the same day Not satisfied with the findings of the Tribunal, the appellant herein has preferred this appeal. 2. Most of the facts in the case are admitted. The controversy revolves upon the interpretation of the Rules, The appellant contends that Rule 5(2) and its proviso governs the method for determination the seniority but the respondent No. 1 who has appeared in person and learned Counsel appearing for the Union of India have contended that the inter se seniority of the employees of the CAT has to be determined on the basis of the official memoranda on the subject which were consolidated b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appointment/selection to the posts of Deputy Registrar in the CAT; (v) to direct the respondents to assign the applicant appropriate placement in the final seniority list of SO/CO/PS above respondents No. 4 to 10 circulated vide letter No. 1/55/90-Estt. Dated 17.5.1994 in accordance with Rule 5(2) of CAT Gr.'B', 'C Misc. Posts) Recruitment Rules, 1989 read with DOPT consolidated OM dated 3.7.1986; (vi) to direct respondents to hold fresh/review DPCs for appointment to the posts of Deputy Registrar in the Tribunal according to CAT (Gr.'A' posts) Recruitment Rules 1988 on the basis of appropriate placement of the applicant in the final seniority list of SO/CO/PS(s) as on 1.11.1989 as prayed at (v) above; (vii) to direct the respondents No. 1 and 2 to fill up the 50% post of Deputy Registrar by promotion first as envisaged in the CAT (Gr.'A') Rules, and further absorption of deputationists be taken up only thereafter in consonance with Recruitment Rules; (viii) Any other or further orders/directions to redress the grievance of the applicant as may be deemed proper in the circumstances of the case with costs. It was contended on behalf of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Govt./High Court/Subordinate Courts and that the proviso to Rule 5(2) lay down that the seniority of officers recruited from such alleged sources in the post held by them in the parent department was not to be disturbed, which according to it, only meant that where two persons were recruited from a single source i.e. Central Government or State Government or High Court or Subordinate Courts and the parent department was the same, it was then and only then that the seniority which they brought with them would not be disturbed and in all other cases the seniority was to be determined with reference to their date of regular appointment to the post in the CAT. The Tribunal further held: 22. The question may then arise that if all the existing employees were absorbed on the same date i.e. 1,11.1989 although by different orders, how then is their inter-se seniority to be determined. In the absence of anything in the Recruitment Rules themselves to answer this point, we would necessarily have to full back on DO T's OM dated 3.7.1986 extracted in paragraph 8 above and in respect of deputationists (applicant as well as respondents 4 to 10 are deputationists) who were holding the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... larisation in the respective grade subject to condition that such persons exercise their option for the absorption and that their parent Departments do not have any objection to their being absorbed in the Tribunal. (2) The seniority of officers mentioned in Sub-rule (1) shall be determined with reference to the dates of their regular appointment to the posts concerned : Provided that the seniority of officers recruited from the same source and in the posts held by them in the parent Department shall not be disturbed. (3) The Suitability of persons for absorption may be considered by a Department Promotion Committee. Rule 4 deals with the method of recruitment and provides that the recruitment to the post, age limit, qualifications and other conditions relating thereto shall be as specified in Column 5 to 14 of the Schedule attached to the Rules. Column No. 11 refers to the method of recruitment and column No. 12 to the source from which the posts are to be filled up. Column No. 12 provides: (i) Promotion - Assistant with 8 years regular service in the scale of pay of ₹ 1400-2600 or equivalent. (ii) Transfer on deputation/Transfer. Persons working unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uly, 1986, it has been contended on behalf of the contesting parties that the relative seniority of all the direct recruits has to be determined in terms of para 3.4.1 of the said Memorandum. The aforesaid para prescribes: 3. 4.1 In the case of a person who 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 the grade shall also be taken into account in fixing his seniority, subject to the condition that he will be given seniority from- the date he has been holding the post on deputation, (or) the date from which he has been appointed on a regular basis to the same or equivalent grade in his parent department, whichever is later. The interpretation put on the said para centers around the words whichever is later occurring at its end. It is contended that the seniority must be determined from the date a per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any of its earlier decisions mentioned hereinabove. 10. The reliance of the respondents on A.K. Bhatnagar and Ors. v. Union of India and Ors. (1995)IIILLJ287SC is of no help to them in any way. The Court in that case held that : The law is clear that seniority is an incidence of service and where the service rules prescribe the method of its computation, it is squarely governed by such rules. In the absence of a provision ordinarily the length of service is taken into account. A dispute of this nature normally arises between recruits from two sources, namely, direct and promotees. In this group of cases, however, we are concerned with the inter se seniority between direct recruits alone. The note to schedule VIII indicated that the inter se seniority of recruits of one year would be on the basis of merit. To the same effect is the judgment of this Court in Union of India v. H.R. Patankar and Ors. [1985]1SCR400 . 11. We are of the considered opinion that Sub-rule (2) of Rule 5 is the relevant rule relating to the determination of the seniority of the officers recruited to the service under Sub-rule (1) of Rule 5. The seniority of such recruited officers is required t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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