Director, C.B.I. & Anr vs D.P. Singh

2. D. P. Singh-respondent-joined U. P. Police Service on February 16, 1964 as Sub-Inspector. On May 11, 1966, he was sent on deputation to the Central Bureau of Investigation (CBI) as Sub-Inspector. While he was on deputation, he was appointed to the post of Inspector on December 31, 1970 against deputation quota as per the then existing Special Police Establishment (Executive Staff) Recruitment Rules, 1963 (for short, `Rules, 1963'). He continued to be on deputation with CBI and vide Order dated November 24, 1977, he was appointed to the post of Dy. S.P. on ad-hoc basis. He appears to have exercised his option for absorption to the post of Dy.S.P. in CBI in 1980 and the request for absorption also seems to have been accepted in 1983 but no formal order was issued and it was only vide order dated May 15, 1995 that respondent was absorbed in the service of CBI and appointed as Dy.S.P. on transfer basis with effect from June 29, 1987 on the recommendation of Union Public Service Commission (UPSC) and as per the guidelines issued by Department of Personnel and Training (DOPT) vide Office Memorandum dated May 29, 1986. The respondent, however, made representation and claimed his seniority with effect from November 24, 1977 when he was initially appointed to the post of Dy.S.P. in CBI. No favorable response on his representation was received by the respondent. He, then, approached Central Administrative 2 Tribunal (CAT), Principal Bench, New Delhi by filing original application praying therein that direction be issued to the present appellants to fix his seniority in the grade of Dy.S.P. with effect from November 24, 1977 in place of June 29, 1987.

3. On February 3, 1998, CAT dismissed original application filed by the present respondent. The respondent sought review of the order dated February 3, 1998 from the CAT but the review application, too, was dismissed on September 10, 1999.

4. The present respondent aggrieved by the aforesaid orders of CAT, filed writ petition before the High Court which, as indicated above, has been allowed by the impugned order.

7. In this backdrop, we deem it appropriate to reproduce the order dated December 26, 1977 whereby the respondent was appointed to officiate as Dy.S.P. with effect from November 24, 1977.

The fixation of seniority of a transferee in accordance with the above principle will not, 8 however, affect any regular promotions to the next higher grade made prior to the date of such absorption. In other words, it will be operative only in filling up of vacancies in higher grade taking place after such absorption.

4. These orders will not be applicable to transfers within the Indian Audit and Accounts Department which are governed by orders issued by the C & A.G. from time to time.

5. Hindi version is attached.

We find no infirmity in the aforesaid view of the Tribunal. 15

18. For the foregoing reasons, appeal deserves to be allowed and is allowed. The judgment dated March 8, 2002 impugned in the present appeal is set aside. Parties shall bear their own costs.

........................J (Markandey Katju) ........................J (R. M. Lodha) New Delhi December 16, 2009.