DIRECTOR, C.B.I. & ANR. versus D.P. SINGH

DIRECTOR, C.B.I. & ANR. versus D.P. SINGH

An officer who joins CBI on deputation and is later absorbed, but did not hold the rank of Dy.S.P. or equivalent on regular basis in the parent department prior to absorption, will have his seniority reckoned from the date of absorption (June 29, 1987), not from the date of initial ad-hoc appointment in CBI (November 24, 1977).

Parties
Appellant: Director, C.B.I. & Another; Respondent: D.P. Singh
Jurisdiction
India
Judgment Date
16 December 2009
Procedural Posture
Civil Appeal / Decision on Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Seniority, Deputation, Absorption of Personnel, Fixation of Seniority
Service Law Seniority Deputation Absorption of Personnel Fixation of Seniority

Case Brief

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Parties

Director, C.B.I. & Another

Appellant

D.P. Singh

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the seniority of a person absorbed in CBI after deputation should be counted from the date of initial appointment to the post on ad-hoc basis or from the date of absorption.

Ratio Decidendi

An officer who joins CBI on deputation and is later absorbed, but did not hold the rank of Dy.S.P. or equivalent on regular basis in the parent department prior to absorption, will have his seniority reckoned from the date of absorption (June 29, 1987), not from the date of initial ad-hoc appointment in CBI (November 24, 1977).

Court Disposition

Appeal allowed

Orders

  • The judgment of the High Court dated March 8, 2002 is set aside.
  • The view of the Central Administrative Tribunal is upheld.