CHIEF ENGINEER AND SECRETARY, ENGINEERING DEPARTMENT, FOR AND ON BEHALF OF CHANDIGARH ETC. versus K.S. BRAR & ANR. ETC.

CHIEF ENGINEER AND SECRETARY, ENGINEERING DEPARTMENT, FOR AND ON BEHALF OF CHANDIGARH ETC. versus K.S. BRAR & ANR. ETC.

Fixation of seniority from date of deputation is permissible under the proviso to Rule 12(5) when done in the public interest and credit for prior service is properly granted. The Tribunal erred by failing to consider Rule 12(5).

Source-derived case information.

Parties
Appellant: Punjab Public Works Department; Appellant: Chandigarh Administration; Respondent: K.S. Brar; Respondent: Puranjit Singh
Jurisdiction
India
Judgment Date
01 September 1988
Procedural Posture
Civil Appeal / Appeal From Judgment of Central Administrative Tribunal, Chandigarh Bench
Outcome
Appeals allowed
Legal Topics
Seniority Fixation, Appointment by Transfer, Absorption in Public Service
Administrative Law Service Law Seniority Fixation Appointment by Transfer Absorption in Public Service

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Punjab Public Works Department

Appellant

Chandigarh Administration

Appellant

K.S. Brar

Respondent

Puranjit Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment of Central Administrative Tribunal, Chandigarh Bench

Legal Issues

  1. 1 Whether seniority can be assigned from the date of deputation prior to the date of absorption in public interest under Rule 12(5) of the Punjab Service of Engineers Class II P.W.D. (Buildings & Roadways Branch) Rules, 1965

Ratio Decidendi

Fixation of seniority from date of deputation is permissible under the proviso to Rule 12(5) when done in the public interest and credit for prior service is properly granted. The Tribunal erred by failing to consider Rule 12(5).

Court Disposition

Appeals allowed

Orders

  • Judgment and order of Central Administrative Tribunal set aside
  • Order dated 14.1.1980 fixing seniority of Respondent No. 4 upheld