M.RAMACHANDRAN versus GOVIND BALLABH AND ORS.

M.RAMACHANDRAN versus GOVIND BALLABH AND ORS.

Seniority for employees recruited on deputation and permanently absorbed under Rule 5(1) of the Central Administrative Tribunal (Group B and C Miscellaneous Posts) Recruitment Rules, 1989, must be determined with reference to the date of appointment to an equivalent post in their parent department, not from the date of deputation. The Rules, and not Office Memoranda, govern the determination of seniority.

Parties
Appellant: M. Ramachandran; Respondent No. 1: Govind Ballabh; Respondents: Govind Ballabh and Others
Jurisdiction
India
Judgment Date
21 September 1999
Procedural Posture
Civil Appeal / Appeal From Central Administrative Tribunal Order Dated 10.7.96 in O.a. No. 1067 of 1995
Outcome
Appeal allowed; Tribunal's order set aside.
Legal Topics
Seniority Determination, Deputationists, Permanent Absorption, Recruitment Rules, Inter Se Seniority
Service Law Seniority Determination Deputationists Permanent Absorption Recruitment Rules Inter Se Seniority

Case Brief

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Parties

M. Ramachandran

Appellant

Govind Ballabh

Respondent No. 1

Govind Ballabh and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Central Administrative Tribunal Order Dated 10.7.96 in O.a. No. 1067 of 1995

Legal Issues

  1. 1 Whether seniority for deputationists absorbed on the same date should be counted from the date of deputation or from the date of appointment in equivalent post in parent department
  2. 2 Applicability of Office Memorandum to seniority determination when Recruitment Rules exist

Ratio Decidendi

Seniority for employees recruited on deputation and permanently absorbed under Rule 5(1) of the Central Administrative Tribunal (Group B and C Miscellaneous Posts) Recruitment Rules, 1989, must be determined with reference to the date of appointment to an equivalent post in their parent department, not from the date of deputation. The Rules, and not Office Memoranda, govern the determination of seniority.

Court Disposition

Appeal allowed; Tribunal's order set aside.

Orders

  • Official-respondents directed to finalise seniority list of all employees recruited under Rule 5(1) strictly applying provisions of Rule 5(2) and its proviso within three months.
  • All orders passed pursuant to Tribunal's order deemed non-est and not to be given effect.