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1990 (11) TMI 420

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..... hile the two other Civil Appeals are directed against two separate judgments of the Central Administrative Tribunal made in 1987 following the aforesaid Madras decision. The Writ Petition as will be presently indicated is by 29 petitioners who had not been regularly recruited to the service but later by amendments of the Rules were regularised in service in 1977. 2. The service with which we are concerned in this group of cases is known as "Central Information Service" (C.I.S. for short). This service was constituted by the Central Information Service Rules, 1959 framed by the President in exercise of powers conferred by the proviso to Article 309 of the Constitution with effect from 1.3.60 in terms of rule 5. This was on the basi .....

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..... ded to Rule 6A .of the Rules and the order regularizing their service was made by notification dated 27th January, 1977. The proviso in question reads thus: Provided further that persons appointed on or before 1.7.76 to discharge the duties and functions of the posts included in Grade IV of the Central Information Service to make good the shortfall in the filling up of vacancies in the grade by the above mentioned method and who have discharged the duties and responsibilities of the post included in Grade IV of the Service for at least five years shall be appointed to the Grade after they are screened by a Selection Committee to determine their suitability for appointment. 5. In terms of this proviso the notification of 27th of January, 197 .....

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..... arned Single Judge relied upon the judgments of this Court in Baleshwar Dass and Ors. Etc. v. State of U.P and Ors. Etc. (1981)ILLJ140SC and N.K. Chauhan and Ors. v. State of Gujarat and Ors. [1977]1SCR1037 and held that the officiating service would not be ignored once regularisation was made and directed the said period between 1964 and 1977 to be taken into account. The Division Bench affirmed the decision. 7. 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, name .....

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..... titioner before the Madras High Court in compliance of the High Court decision has now gone to Grade I and a short period is left to superannuation and in case there is reversion now he would suffer irreparably. There is perhaps some force in what is said. We had, therefore, suggested in course of the hearing of these cases that he may not be disturbed from his present position and be permitted to hold a supernumerary post but he would not be entitled to any further promotion unless by the seniority assigned to him in terms of the regularisation notification he becomes entitled to it. 12. Mr. Bhandari learned counsel for some of the regularised employees not covered by the Government notification of regularisation but whose services became .....

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