DWIJEN CHANDRA SARKAR AND ANR. versus UNION OF INDIA AND ANR.

Citation: [1998] SUPP. 3 S.C.R. 576 · Decided: 15-12-1998 · Supreme Court of India · Bench: S. SAGHIR AHMAD · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
DWIJEN CHANDRA SARKAR AND ANR. 
v. 
UNION OF INDIA AND ANR. 
DECEMBER 15, 1998 
B 
(S. SAGHIR AHMED AND M. JAGANNADHA RAO, JJ.] 
Service Law: 
Promotion-Time-bound promotion-Past services, counting of-For 
C those who have "competed 16 years of service in that grade", provided in 
Scheme of P&T Department effective from 30.IJ.1983-Computation of 
eligibility period of 16 years-If service rendered by the employee in 
Rehabilitation Department prior to his transfer, to be counted-Purpose of 
time-bound promotion-Held, service rendered in earlier department would 
D be counted for computing the eligibility period of 16 years for time-bound 
promotion-Requirement of 16 years' service in that grade does not mean 
that only regular P & T Department employees rendering 16 years' service 
would be eligible and those who were transferred in public interest would 
be denied that benefit under the Scheme. 
E 
Seniority-Length of service-Time bound promotion-Scheme of P& T 
F 
Department provided for eligibility period of 16 years service in the grade-
Appellants transferred from Rehabilitation Department to the P&T 
Department-Transfer order provided that their past service would be counted 
for all purposes i.e. fixation of pay, pension and gratuity etc. e;:cept seniority--
Appellants' prior service in the Rehabilitation Department to be counted for 
time-bound promotjon-Held, words ''except seniority'' meant time-bound 
promotion of the appellants would not disturb the seniority of the existing 
P& T employees. 
Appellant were transferred from Rehabilitation Department of the 
G Government to the Department of P&T in public interest. The appointment 
order provided that their past services would be counted for all purposes i.e. 
for the fixation of pay, pension, gratuity etc. "except seniority". The Scheme 
for time-bound promotion of the P&T Department provided for the completion 
of 16 years service in that grade. And on this basis they were refused time-
bound promotion although Appellants I and 2 had put in 16 and 12 years of 
H 
576 
D.C. SARKAR v. U.0.1. 
577 
serviCes respectively in the Rehabilitation Department. The Administrative A 
Tribunal also rejected the case of the Appellants on the ground that the 
services rendered at the Rehabilitation Department could not be counted for 
time-bound promotion in the P&T Department. Hence this appeal. 
Allowing the appeal, this Court 
HELD: 1. Where there are a large number of employees in any B 
department and where the employees are not likely to get their promotion 
in the near future because of their comparatively low position in the seniority 
list, the Government has found it necessary that in order to remove frustration, 
the employees are to be given a higher grade in terms of emoluments -while 
retaining in the same category. This is what is generally known as time- C 
bound promotion. Such a time-bound promotion does not affect the normal 
seniority of those higher-up. That being the purpose of a time-bound promotion, 
it cannot be said that the Government wanted to deprive the appellants who 
were brought into the P&T Department in public interest - of the benefit of 
a higher grade. The frustration on account of stagnation is a common factor D 
not only of those already in the P&T Department but also of those who are 
administratively transferred by the Government from the Rehabilitation 
Department to the P&T Department. The Government while imposing an 
eligibility condition of 16 years' service in the grade for being entitled to 
time -bound promotion, is not intending to benefit only one section of employees 
in the category and deny it to another section of employees in the same E 
category. The common factor for all these employees is that they have 
remained in the same grade for 16 years without promotions. The said period 
is a term of eligibility for obtaining a financial benefits of a higher grade. 
[581-F-H; 582-A-B] 
c 
2. The words "except seniority" in the transfer order mean that such p 
a benefit of a higher grade given to the transferees will in no way affect the 
seniority of employees in the P&T Department when the turn of the P&T 
employees comes up for promotion to a higher category or post. The said 
words "except seniority" are intended to see that the said persons who have 
come from another department on transfer do not upset the seniority in the 
transferee Department. Granting them higher grade under the Scheme for G 
time-bound pro

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