UNION OF INDIA AND ORS versus K. SAVITRI AND ORS.

UNION OF INDIA AND ORS versus K. SAVITRI AND ORS.

Past service in the parent organisation cannot be counted towards seniority or as experience for promotion in the organisation to which an employee is redeployed under the Central Civil Services (Redeployment of Surplus Staff) Rules, 1990, as per specific rules and Government instructions (Para 11.1).

Parties
Appellant: Union of India; Respondent: K. Savitri and Ors.
Jurisdiction
India
Judgment Date
04 March 1998
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Central Administrative Tribunal
Outcome
Appeals allowed. Orders of Central Administrative Tribunal set aside. Original Applications dismissed. No order as to costs.
Legal Topics
Redeployment of Surplus Staff, Seniority, Promotion, Central Civil Services (redeployment of Surplus Staff) Rules, 1990, All India Radio (class III Posts) Recruitment Rules, 1964
Service Law Redeployment of Surplus Staff Seniority Promotion Central Civil Services (redeployment of Surplus Staff) Rules, 1990 All India Radio (class III Posts) Recruitment Rules, 1964

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Parties

Union of India

Appellant

K. Savitri and Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Central Administrative Tribunal

Legal Issues

  1. 1 Whether past service in the parent organisation can be considered for seniority and promotion after redeployment under the Central Civil Services (Redeployment of Surplus Staff) Rules, 1990.

Ratio Decidendi

Past service in the parent organisation cannot be counted towards seniority or as experience for promotion in the organisation to which an employee is redeployed under the Central Civil Services (Redeployment of Surplus Staff) Rules, 1990, as per specific rules and Government instructions (Para 11.1).

Court Disposition

Appeals allowed. Orders of Central Administrative Tribunal set aside. Original Applications dismissed. No order as to costs.

Orders

  • Impugned orders of the Central Administrative Tribunal, Cuttack Bench in OA Nos. 160, 161, and 163 of 1993 are set aside.
  • Original Applications are dismissed.