Case Note & Summary
The case involves a dispute over seniority between the appellant, Govinda Chandra Tiria, and the respondent, Sibaji Charan Panda, both Lower Division Clerks (LDC) in the Eastern Regional Office of the Ministry of Environment & Forests, Bhubaneswar. The respondent was initially appointed as LDC in New Delhi in 1993 and was later deputed to Bhubaneswar in 1994. After several extensions, he sought permanent absorption on compassionate grounds. In 1996, the competent authority approved his absorption subject to conditions: he must sever his lien with the parent cadre, be treated as a fresh appointee, be ranked junior most, and be liable to transfer anywhere in India. The respondent accepted these conditions, gave technical resignation, and joined the Bhubaneswar office in 1997. In 2001, a provisional seniority list placed the appellant at serial No.2 and the respondent at serial No.3. The respondent objected, claiming seniority from his deputation date based on an Office Memorandum dated 29.05.1986. His objection was rejected, and the final seniority list maintained the order. The respondent then filed an Original Application before the Central Administrative Tribunal, which was dismissed. The Orissa High Court, however, allowed his writ petition, directing a fresh gradation list and considering his seniority from the date of deputation. The appellant appealed to the Supreme Court. The Supreme Court allowed the appeal, holding that the respondent was bound by the conditions he accepted at the time of absorption, which included being treated as a fresh appointee and ranked junior most. The court noted that the Office Memorandum dated 29.05.1986 itself provides that in cases of transfer not strictly in public interest, the transferred officer will be placed below all officers appointed regularly to the grade on the date of absorption. Since the respondent's absorption was at his own request and not in public interest, he could not claim seniority from the deputation date. The court set aside the High Court's judgment and restored the Tribunal's order.
Headnote
A) Service Law - Seniority - Absorption on Deputation - Conditions Binding - Where an employee is absorbed on his own request on specific conditions, including being treated as a fresh appointee and ranked junior most, he is bound by those conditions and cannot claim seniority from the date of deputation. The Office Memorandum dated 29.05.1986 provides that in cases of transfer not strictly in public interest, the transferred officer will be placed below all officers appointed regularly to the grade on the date of absorption. (Paras 10-12) B) Service Law - Seniority - Absorption - Office Memorandum dated 29.05.1986 - The O.M. provides that seniority of a person absorbed after deputation is normally counted from the date of absorption, but if he held the same or equivalent grade on regular basis in parent department, seniority may be given from the later of the date of deputation or the date of regular appointment in parent department. However, this principle does not apply where transfer is not in public interest. (Paras 6, 10) C) Service Law - Seniority - Sub-Inspector Rooplal Case - The judgment in Sub-Inspector Rooplal v. Lt. Governor struck down the 'whichever is later' clause in O.M. dated 29.05.1986, but the court held that the present case is governed by the condition that the transfer was not in public interest, and thus the respondent must be placed below all officers appointed regularly on the date of absorption. (Paras 6, 10-12)
Issue of Consideration
Whether an employee absorbed on his own request on specific conditions, including being treated as a fresh appointee and ranked junior most, can claim seniority from the date of deputation contrary to those conditions.
Final Decision
Appeal allowed. Judgment of Orissa High Court set aside. Order of Central Administrative Tribunal restored.
Law Points
- Seniority of absorbed deputationist
- Conditions of absorption binding
- Office Memorandum dated 29.05.1986
- Sub-Inspector Rooplal case
- Transfer not in public interest
- Consent to terms of absorption
