RAJA SINGH & ANR. versus STATE OF U.P. & ANR.

Citation: [2019] 7 S.C.R. 171 · Decided: 06-05-2019 · Supreme Court of India · Bench: R. BANUMATHI · Disposal: Appeal(s) allowed

Judgment (excerpt)

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RAJA SINGH & ANR.
v.
STATE OF U.P. & ANR.
(Civil Appeal No. 4642 of 2019)
MAY 06, 2019
[R. BANUMATHI AND R. SUBHASH REDDY, JJ.]
Service law:
UP Minority Welfare Department Gazetted Officers Service
Rules 2001: Appointment – Post of District Minority Welfare Officer
on deputation/transfer of service basis – Appellant selected for
appointment to the said post prior to coming into force of UP Service
Rules 2001 and continued as such – UP Service Rules 2001
providing for filling up the posts in cadre of District Minority Welfare
Officers by way of direct recruitment or by way of promotion –
Representation by the appellant seeking absorption in the cadre of
District Minority Welfare Officer – Thereafter, writ petition by the
appellant seeking quashing the UP Service Rules 2001 and for
issuance of mandamus directing respondents to regularize their
services on the post of District Minority Welfare Officer – Dismissed
by High Court – On appeal, held: Appellants having been appointed
prior to coming into force of UP Service Rules 2001, their
appointment cannot be said to be on deputation – In the absence of
any material to show that the appellants were appointed only against
temporary posts created only for a period of two years, it cannot be
held that they were appointed only against temporary posts for a
period of only two years – Though UP Service Rules 2001 is silent
about the appointment of the appellants made prior to coming into
force of the Rules, the appellants having been appointed on the
post of District Minority Welfare Officer prior to coming into force
of UP Service Rules 2001, cannot be deprived of their rights of
absorption in the Minority Welfare Department – Pension to be paid
to the appellants as admissible to the District Minority Welfare
Officer – Order of the High Court set aside.
   [2019] 7 S.C.R. 171
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SUPREME COURT REPORTS
[2019] 7 S.C.R.
Allowing the appeal, the Court
HELD: 1.1 In the letter of Secretary, Minority Welfare
Department dated 15.11.1997 communicated to other
departments, the employees of their departments-appellants were
selected for appointment ‘on the post of the District Minority
Welfare Officer’ by service transfer. Even though the said letter
states that the appellants were appointed by deputation/service
transfer, considering the surrounding circumstances that the
appellants have undergone the selection process by appearing
for interview before the Committee and that they were selected
for appointment shows that it was ‘selection and appointment’ in
the Department of Minority Welfare and not ‘deputation’. Even
though, the appellants were appointed for the period of two years,
after two years, no order was passed repatriating them to their
Parent department. Of course, in the meanwhile, writ petitions
came to be filed by the appellants. However, there was no
communication from the Department of Minority Welfare and Waqf
to the other departments proposing for repatriation of the
appellants to their Parent department. [Para 12] [177-C-F]
1.2 At the time of appointment of the appellants, there were
no Service Rules.  The appellants having been appointed prior
to coming into force of UP Minority Welfare Department Gazetted
Officers Rules 2001, their appointment cannot be said to be on
deputation. Though it is stated that their appointment was only
temporary, there is nothing on record to show that the posts were
only temporary posts for a fixed time. In the absence of any
material to show that the appellants were appointed only against
temporary posts created only for a period of two years, it cannot
be held that they were appointed only against temporary posts
for a period of only two years. [Para 14] [178-D-E]
1.3 Rule 5 of the UP Minority Welfare Department Gazetted
Officers Service Rules 2001 contemplated that 75% post of
District Minority Welfare Officer will be filled up through Public
Service Commission by direct recruitment and 25% by promotion
through Public Service Commission from amongst substantively
appointed Chief Waqf Inspectors and Senior Waqf Inspectors who
have completed ten years’ service as Chief Waqf Inspector or
Senior Waqf Inspector or both. Though UP Minority Welfare
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Department Gazetted Officers Service Rules 2001 is silent about
the appointment of the appellants prior to coming into force of
2001 Rules, the appellants having been appointed on the post of
District Minority Welfare Officer prior to com

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