LexM. HARA BHUPAL versus UNION OF INDIA AND ORS.
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M. HARA BHUPAL A v. UNION OF INDIA AND ORS. FEBRUARY 24, 1997 [K. RAMASWAMY AND G.T. NANAVATI, JJ.] B Service Law : Central Administrative Tribunal (Group Band C Miscellaneous Posts) Recruitment Rules, 1989/Central Administrative Tribunal Stenographers' Ser- C vices (Group B and C) Rules, 1989: ' Seniority-Section Officer-Jn Ministry of Home Affairs Government of India-Joined on deputation as Private Secretary to Member CA. T. on 14.6.1989-Acceptcd unconditionally his dbs01ption as Section Officer in C.A. T. w.e.f 4.11.1994-Claimed senio1ity as Section Officer either from the D date of his promotion as such in parent depanment or from the date of joining C4 T as P.S.-Claim rejected by Tribimal-Held, Tribunal was right in not accepting the claim of the appellant as he had not held the post of Section Officer in C.A. T.-Merely because the persons are peifonnilig the analogous responsibility govemed by two sets of rules, they cannot be treated to be on E par for the purpose of seniority. CIVIL APPELLATE JURISDICTION: Special Leave Petition (C) No. 3322 of 1997. From the Judgment and Order dated 24.12.96 of the Central Ad- F ministrative Tribunal, Hyderabad in O.A. No. 1333 of 1995. D. Prakash Reddy for .G. Prabhakar for the Petitioner. The following Order of the Court was delivered : This special leave petition arises from the judgment of the Central Administrative Tribunal, Hyderabad, made on December 24, 19% in O.A. No. 1333/95. G The admitted position is that the petitioner, while working as Section Officer in the Intelligence Bureau, Ministry of Home Affairs, Govt. of H 455 456 SUPREME COURT REPORTS [1997] 2 S.C.R. A India, came on deputation to the C.A.T., Hyderabad Bench on June 14, 1989 as Private Secretary to the Member. Thereafter, he sought absorption in the services of the C.A.T. as Private Secretary. There was a long drawn correspondence on this issue and ultimately an option was given to him to get absorbed as Section Officer. Accordingly, he opted for and accepted B unconditionally his absorption as a Section Officer in the CAT. He came to be absorbed w.e.f. November_ 4, 1996. He filed an O.A. in the Tribunal claiming seniority with reference to the date of his promotion as Section Officer in his parent Department or alternatively, from the date of his deputation from June 14, 1989 contending that he had given his option subject to protection of his seniority. The Tribunal has pointed out in its C order that there are two different sets of rules for the recruitment of Private Secretaries and Section Officers. The post of Private Secretary is governed by the rules called Central Administrative Tribunal Stenographers' Services (Group B and C posts) Recruitment Rules, 1989. Equally, there are rules issued by the President under the Act governing the ministeriaLstaff. They D are called .the Central Administrative Tribunal (Group B and C Miscel- laneous Posts) Recruitment Rules, 1989. The posts of the Private Secretary are covered by the Stenographers' Services Rules while the posts of Section Officer are covered by the Ministerial Staff Services Rules. Rule 5(1) of the former Rules reads as under : E F "5(1) Notwithstanding anything contained in the provisions of these rules , the persons holding the posts of Private Secretary ....... in the CAT on the date of commencement of the rules .... on deputation basis and who fulfil the qualifications and experience laid down in these rules and who are considered suitable by the Departmental Promotion Committee shall be eligible or absorption/regularisation in the respective grade subject to the condition that such persons exercise their option for the absorption and that their Parent Department do not have any objection to their being absorbed in the Tribunal." G The Tribunal has pointed out the appointment of the appellant to the post of Private Secretary was made by way of transfer on deputation and is governed by the conditions mentioned in Annexure I to the Rules. The Tribunal ordered as under : H "The "CAT (Group 'B' & 'C' Miscellaneous Posts) Recruitment M.HARABHUPALv. U.O.l. 457 Rules, 1989" were made separately vide Notification dated 20.9.89 A by the Department of Personnel & Training. These rules make separate provisions for the posts of 'Court Officers/Section Officers'. In the Schedule the posts has been designated as Group 'B' Gazetted in the pay scale of Rs. 2000- 3500. On
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