Case Note & Summary
The Union of India filed a writ petition challenging an order dated 22nd December, 1997 passed by the Central Administrative Tribunal (CAT). The core issue was whether the Full Bench judgment of the CAT in S.S. Sambhus v. Union of India & Ors., (1992) 19 ATC 571, which held that when a person before regular promotion is holding a higher post, his CRs in that higher post must be considered in comparison with others in the zone of consideration, should also apply to employees sent on deputation who are holding a post higher than their parent department post. The petitioners, Union of India and others, argued against the applicability, while the respondent, T.R. Krishna Murthy, supported the CAT's order. The Bombay High Court, after hearing the parties, upheld the CAT's decision, ruling that the principle in S.S. Sambhus applies to deputationists as well. The court reasoned that the purpose of considering CRs is to assess merit, and a deputationist holding a higher post should not be disadvantaged. The petition was dismissed, affirming the CAT's order.
Headnote
A) Service Law - Deputation - Promotion - Consideration of CRs - The issue was whether the Full Bench decision in S.S. Sambhus v. Union of India, which held that a person holding a higher post before regular promotion should have his CRs in that higher post considered, applies to deputationists holding a higher post. The Court held that the principle applies equally to deputationists, and their CRs in the higher post must be considered for promotion in the parent department. (Paras 1-2)
Issue of Consideration
Whether the judgment of the Full Bench of the Central Administrative Tribunal in S.S. Sambhus v. Union of India & Ors., (1992) 19 ATC 571 should also be made applicable to employees sent on deputation and who are holding a post higher than what was held by them in the parent department, when they are to be considered for promotion.
Final Decision
The petition is dismissed. The order of the Central Administrative Tribunal dated 22nd December, 1997 is upheld.
Law Points
- Deputation
- Promotion
- Consideration of CRs
- Higher post
- Zone of consideration
- Full Bench decision applicability
Case Details
2005 LawText (BOM) (03) 226
Writ Petition No.2356 of 1998
F.I. Rebello, S.P. Kukday
Mr. Suresh Kumar i/b. Shri T.C. Kaushik for the Petitioners; Mr. S.P. Saxena, Advocate as Amicus Curiae for Respondent
Union of India through the Secretary, Ministry of Defence, New Delhi; The Controller General of Defence Accounts, West Block-V, R.K. Puram, New Delhi; The Controller of Defence Accounts (Officers) Golibar Maidan, Pune
T.R. Krishna Murthy, Building No.C-1, Flat No.11, Plesant Park, Nr.Bairob Nalla, Pune-411 013; 7/3 L.I.C. Colony, Ashok Nagar, Chennai-600 083
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Nature of Litigation
Writ petition challenging order of Central Administrative Tribunal regarding applicability of Full Bench decision to deputationists.
Remedy Sought
Union of India sought to impugn the order dated 22nd December, 1997 passed by CAT.
Filing Reason
The Union of India challenged the CAT order which applied the Full Bench decision in S.S. Sambhus to employees on deputation holding higher posts.
Previous Decisions
The Central Administrative Tribunal had passed an order on 22nd December, 1997 applying the Full Bench decision in S.S. Sambhus v. Union of India & Ors., (1992) 19 ATC 571 to deputationists.
Issues
Whether the Full Bench decision in S.S. Sambhus v. Union of India applies to employees on deputation holding a higher post.
Submissions/Arguments
Petitioners (Union of India) argued against the applicability of the Full Bench decision to deputationists.
Respondent supported the CAT order, arguing that the principle should apply equally.
Ratio Decidendi
The principle laid down in S.S. Sambhus v. Union of India, that when a person before regular promotion is holding a higher post, his CRs in that higher post must be considered in comparison with others in the zone of consideration, applies equally to employees sent on deputation who are holding a post higher than their parent department post.
Judgment Excerpts
The issue before CAT was whether the judgment of the Full Bench of the Central Administrative Tribunal in the case of S.S. Sambhus vs. Union of India & Ors., (1992) 19 ATC 571 should also be made applicable to employees sent on deputation and who are holding a post higher than what was held by them in the parent department, when they are to be considered for promotion.
Procedural History
The Central Administrative Tribunal passed an order on 22nd December, 1997 applying the Full Bench decision in S.S. Sambhus to deputationists. The Union of India challenged this order by filing Writ Petition No.2356 of 1998 before the Bombay High Court. The High Court heard the matter and dismissed the petition on 28th March, 2005.
