LexSUSHMA MUTREJA versus UNION OF INDIA AND ORS.
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SUSHMA MUTREJA V. UNION OF INDIA AND ORS. AUGUST I, 200 I [G.B. PATTANAIK AND RUMA PAL, JJ.] Service Law: Central Secretariat Clerical Service Rules, 1962: Rule 11,12 and 25. Promotion-From LDC to UDC-LDC in one Ministry promoted as UDC and transferred to another Ministry-Seniority-Reckoning of-Held: Such · an employee would be senior to all those LDCs on that date as well as those LDCs on ad hoc promotion to the post of UDCs. A B c Seniority-Transfer from one cadre to a new cadre-Reckoning of D seniority-Held, Such an employee must be treated to be lowest on the new cadre--.:But he cannot be junior. to those who were not even born in the new cadre on that date . . The appellant was appointed as a Lower Division Clerk (LDC) in the E Ministry of Commerce under Rule 12 of the Central Secretariat Clerical Service Rules, 1962. Subsequently, the appellant was appointed to the post of Upper Division Clerk (UDC) in the Labour Ministry on t.he basis of seniority in the Commerce Ministry under a Zoning Scheme for promotion to the post ofUDC. A seniority list based on the Zoning Scheme was drawn up in which · the appellant was shown as junior to respondents 3 to 30 who were LDCs F but were officiating as UDCs on ad hoc basis. On the appellant's representation a fresh seniority list was drawn up, after obtaining clarification from the Department of Personnel in accordance with Rule 5, in which the appellant was shown as senior to respondents 3 to 30. However, the seniority list was again re-drawn up without consultation with Department of Personnel and G without any reason. The appellant's seniority was again altered in this re- drawn up seniority list. The Central Administrative Tribunal dismissed the applications filed by the appellant. Hence this appeal. Allowing the appeal, the Co.urt 193 H 194 SUPREME COURT REPORTS [2001) SUPP. 1 S.C.R. A HELD: I. The appellant having been brought in the cadre of UDC in Labour Ministry her services in the cadre of UDC in the Labour Ministry has to be reckoned with effect from the date of hP.r transfer from the Commerce Ministry and she would be senior to all those LDCs on that date as well as those of the LDCs who might have got promotion on ad hoc basis B with the condition that they may be reverted back to the parent post of LDC when qualified persons become available. [197-E-Fl 2. The re-drawing up of the seniority list must be held to be an arbitrary exercise of power and the employer has failed to indicate any reason for altering the seniority list which had been drawn up earlier. That apart, on C first principles also when a person is brought from one cadre to another and joins a new cadre then he must be treated to be lowest in the cadre on that date, but he cannot be junior to all those who were not even born in the cadre 90 that date. In other words, respondents 3 to 30 were the Lower Division Clerks and some were officiating on ad hoc basis, not being born in the Select list in the post of Upper Division Clerks whereas the appellant was brought D after being nominated by the Commerce Ministry to the Labour Ministry and was allowed to join the post of UDC. That being the position, rightly she was shown as senior to respondents 3 to 30 in the earlier seniority list That list could not have been altered without any reason. [198-D-F) E CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 4995- 4996 of 1997. From the Judgment and Order dated 17.5.96 and 6.8.96 of the Delhi High Court in 0.A. No. 2435/90 and R.A. No. 120 of 1996. F Rani Chhabra for the Appellant. C.V.S. Rao, Arvind Kumar Sharma and D.S. Mabra for the Respondents. The Judgment of the Court was delivered by G PA TTANAIK, J. The appellant, on the basis of a competitive examination held by the Union Public Service Commission was selected in the year 1966 under Rule 12 of the Central Secretariat Clerical Service Rules, 1962 (hereinafter referred to as 'the Rules') and joined in the Ministry of Commerce as Lower Division Clerk on 7.3.1967. While she was so continuing, in November 1969, the Government of India, Ministry of Home Affairs, H introduced a Zoning Scheme for promotion to the post of Upper Division - • •- SUSHMA MUTREJA v. U.0.1. [PA TT ANAIK, J.] 195 Clerk from that of the Lower Division Clerk. The aforesaid scheme had been A promulgated, as it was found that there exist considerable disparitie·s in the promotional prospects of the different
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