S.K. MATHUR AND ORS. versus UNION OF INDIA AND ORS.

S.K. MATHUR AND ORS. versus UNION OF INDIA AND ORS.

Deputationists' appointments and seniority are valid in absence of service rules; their prior service in parent department counts towards seniority; date of confirmation can be adopted for determining seniority; Tribunal erred in denying benefit to appellants.

Parties
Appellants: S.K. Mathur and Ors.; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
13 January 1998
Procedural Posture
Civil Appeal / Appeal From Central Administrative Tribunal Decision
Outcome
Appeal allowed; Tribunal's judgment set aside; claim petition dismissed.
Legal Topics
Seniority, Deputation, Recruitment Rules, Absorption, Appointment, Confirmation, Administrative Orders
Service Law Seniority Deputation Recruitment Rules Absorption Appointment Confirmation Administrative Orders

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Parties

S.K. Mathur and Ors.

Appellants

Union of India and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Central Administrative Tribunal Decision

Legal Issues

  1. 1 Whether appointment on deputation in absence of recruitment rules was valid
  2. 2 Whether deputationists permanently absorbed were entitled to seniority over direct recruits
  3. 3 Whether service rendered in parent department counted for seniority determination

Ratio Decidendi

Deputationists' appointments and seniority are valid in absence of service rules; their prior service in parent department counts towards seniority; date of confirmation can be adopted for determining seniority; Tribunal erred in denying benefit to appellants.

Court Disposition

Appeal allowed; Tribunal's judgment set aside; claim petition dismissed.

Orders

  • Judgment of Tribunal dated 26.4.1990 set aside.
  • Claim petition filed by respondents 3 to 9 dismissed.