M. HARA BHUPAL versus UNION OF INDIA AND ORS.

M. HARA BHUPAL versus UNION OF INDIA AND ORS.

Persons performing analogous responsibilities but governed by two sets of recruitment rules cannot be treated as on par for purposes of seniority; absorption and seniority are limited to the post and grade held in the cadre at the time of rules coming into force. Tribunal was correct in rejecting the petitioner's claim as he had not held the post of Section Officer in CAT, and cannot seek seniority by virtue of analogous post.

Parties
Petitioner: M. Hara Bhupal; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
24 February 1997
Procedural Posture
Special Leave Petition (civil) / Final Order
Outcome
Petition dismissed
Legal Topics
Seniority, Absorption on Deputation, Recruitment Rules, Analogous Posts
Service Law Seniority Absorption on Deputation Recruitment Rules Analogous Posts

Case Brief

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Parties

M. Hara Bhupal

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Special Leave Petition (civil) / Final Order

Legal Issues

  1. 1 Whether petitioner is entitled to seniority as Section Officer in CAT from the date of his promotion in parent department or from the date of deputation.
  2. 2 Whether Private Secretary and Section Officer posts can be treated as analogous for seniority purposes.

Ratio Decidendi

Persons performing analogous responsibilities but governed by two sets of recruitment rules cannot be treated as on par for purposes of seniority; absorption and seniority are limited to the post and grade held in the cadre at the time of rules coming into force. Tribunal was correct in rejecting the petitioner's claim as he had not held the post of Section Officer in CAT, and cannot seek seniority by virtue of analogous post.

Court Disposition

Petition dismissed

Orders

  • Petitioner is allowed two months from the date of this order to seek repatriation as per Tribunal's directions; upon repatriation, he is entitled to all benefits in parent department on par with immediate juniors.