LexSCIENTIFIC ADVISOR TO RAKSHA MANTRI versus V.M. JOSEPH
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SCIENTIFIC ADVISOR TO RAKSHA MANTRI A -t: . v. V.M. JOSEPH JANUARY 14, 1989 B ·-)._~ [S. SAGHIR AHMAD AND D.P. WADHWA, JJ.] >c Service Law : Promotion-Eligibility-LDC in Ministry of Defence-Rendered more c than 3 years of service as permanent employee-Transferred on compassionate ground on request of employee-Employee placed at the bottom of seniority list at transferred place-Held, period of service rendered by the employee at earlier place cannot be excluded from consideration in determining his eligibility for promotion-Eligibility and seniority are two distinct and I different factors. D ·~ Respondent was a Lower division Clerk in the Ministry of Defence. He . appointed as a Store Keeper and become permanent on April 27, I971. On June 6, 1977 he was transferred, on his request on compassionate ground and was placed at the bottom of the Seniority list of Store Keeper there. On E August 22, 1980 the respondent was promoted to the post of Senior Store Keeper. In the meanwhile, a new post of Senior Store Keeper, Grade-I was created as an intermediate grade between Senior Store Keeper and Store Superintendent. One of his immediate senior was promoted to this F _.f intermediate grand. The respondent claimed that he should have also be '"' promoted to the intermediate Grade-I along with his senior as he should have been promoted to Senior Store Keeper.on January 31, 1978 instated of February 22, t 980. When his claim was not entertained he filed a writ petition. High Court directed the appellants to consider the claim of the respondent for ante-dating his promotion on ad hoc basis by applying the G same rules and principles on which his immediate senior was promoted . ...... The Departmental Promotion Committee after considering the claim passed an order that the respondent had completed 3 years of his regular service as Store Keeper commencing from June 6, I977, only of June 7, I 980 and he could not be promoted as Senior Store Keeper earlier than H 177 178 SUPREME COURT REPORTS [1998] l S.C.R. A 1980. The respondent challenged the order before the Central Administrative Tribunal, which allowed the claim of the respondent and direeted the appellants to reckon the period during which the respondent worked as a permanent Store Keeper prior to his transfer as a period of qualifying service for the purpose of eligibility for promotion and consider the respondent for promotion as Senior Store Keeper, Grade-I with effect from the date could be deemed B to have put in three years of regular service as Senior Store Keeper. Hence, this appeal. The appellant contended that since the respondent had been transferred on compassionate ground, on his own request to the post of Store Keeper and C was placed at the bottom of seniority list, the period of 3 years could be deemed to commence only from the date on which he was transferred. Dismissing the appeal, this Court HELD : 1. Even if an employee is transferred at his own request from D one place to another, on the same post, the period of service rendered by him at the earlier place where he held a permanent post and had acquired permanent status, cannot be excluded from consideration for determining his eligibility for promotion, though he may have been placed at the bottom of the seniority list at the transferred place. Eligibility for promotion cannot be confused with seniority, as they are two different and distinct factors. So, E the direction of the Tribunal does not suffer from any infirmity. (181-B-D) F G Union of India & Ors. v. C.N. Ponnappan, AIR (1996) SC 764 = (1996) 1 sec 524, relied on. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3749of1992. Frnm the Judgment and Order dated 23.2.88 of the Central Administrative Tribunal, Madras High Court in O.A. No. 573/86. rvts. Sashi Kiran, Ms. Anil Katiyar and P. Parmeshwaran for the Appellants. Ms. Malini Poduval for the Respondent. The Judgment of the Court was delivered by S. SAGHIR AHMAD, J. The respondent was appointed as a Lower H Division Clerk on November 15, 1969 in the Ministry of Defence. Subsequently, SCIENTIFIC ADVISOR TO RAKSHA MANTRI ''- V.M. JOSEPH [S. SAGHIR AHMAD, J.] 179 in the same Department, he was appointed as a Store Keeper on 27th April, A · 1971 in the Central Ordnance Depot, Pune. He got the status of quasi permanent on 27th April, 1974 and became permanent with effect from !st May, 1974. The respondent made a requ
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