UNION OF INDIA versus KULDIP SINGH PERMER AND ORS.

UNION OF INDIA versus KULDIP SINGH PERMER AND ORS.

The respondent is entitled to have his seniority fixed in the borrowing department from 1.1.1978, the date he was holding a regular post in a grade equivalent to or higher than the post to which he was absorbed, as per clause 7(iv) of the OM dated 22.12.1959. The distinction lies between grade, not post; thus, seniority shall count from when the equivalent grade was held on a regular basis in the parent department.

Parties
Appellant: Union of India; Respondent No. 1: Kuldip Singh Permer
Jurisdiction
India
Judgment Date
18 August 2003
Procedural Posture
Civil Appeal / Appeal From Central Administrative Tribunal Judgment Dated 15.3.1996
Outcome
Appeals dismissed
Legal Topics
Seniority of Absorbee, Counting of Regular Service in Parent Department, Special Service Bureau (junior Executive) Service Rules, 1976, Government Instructions—seniority—om No.9 11/55, RPS, 22nd December 1959
Service Law Seniority of Absorbee Counting of Regular Service in Parent Department Special Service Bureau (junior Executive) Service Rules, 1976 Government Instructions—seniority—om No.9 11/55, Rps, 22nd December 1959

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Parties

Union of India

Appellant

Kuldip Singh Permer

Respondent No. 1

Procedural Posture

Civil Appeal / Appeal From Central Administrative Tribunal Judgment Dated 15.3.1996

Legal Issues

  1. 1 Whether the respondent is entitled to seniority in the borrowing Department from the date of joining on deputation or only from the date of absorption
  2. 2 Interpretation of 'equivalent post' and 'equivalent grade' under government instructions for determination of seniority

Ratio Decidendi

The respondent is entitled to have his seniority fixed in the borrowing department from 1.1.1978, the date he was holding a regular post in a grade equivalent to or higher than the post to which he was absorbed, as per clause 7(iv) of the OM dated 22.12.1959. The distinction lies between grade, not post; thus, seniority shall count from when the equivalent grade was held on a regular basis in the parent department.

Court Disposition

Appeals dismissed

Orders

  • Respondents entitled to have seniority counted from 1.1.1978, not from the date of initial deputation.
  • Judgment of the Central Administrative Tribunal modified to this extent.