UNION OF INDIA AND ORS versus K. SAVITRI AND ORS.

Citation: [1998] 2 S.C.R. 137 · Decided: 04-03-1998 · Supreme Court of India · Bench: S. SAGHIR AHMAD · Disposal: Appeal(s) allowed

Judgment (excerpt)

UNION OF INDIA AND ORS .. 
A 
v. 
K. SAVITRI AND ORS. 
MARCH 4, 1998 
B 
[S. SAGHIR AHMAD AND G.B. PATTANAIK, JJ.] 
~ 
Service Law : 
Central Civil Services (Redeployment of Surplus StajJ) Rules, 1990/All c 
India Radio (Class Ill posts) Recruitment Rules, 1964-Rules 2(f), 2(g), 9 
and Govt. instructions-Para 11.1-Employees-Rendered surplus-Re-
deployed-Past service in parent organisation-Not taken into account for 
' 
the purpose of seniority and promotion-Held, the past service of the 
redeployed staff cannot be counted for seniority in the new organisation. 
D 
"'" 
The respondents were initially employed with the Rehabilitation and 
Reclamation OrganisatioJL As they became ~urplus in the parent organisation, 
they were appointed in the All India Radio. The past service and experience 
of the repondents were not taken into account for promotion in the new 
organisation. The respondents preferred applications before the Central E 
Administrative Tribunal, which allowed the claim. The review applications of 
the Union of India were dismissed. Hence the present appeals by the Union 
of India. 
The contention of the appellant-Union of India was that under the Rules 
an employee after redeployment was not entitled to take the benefit of his F 
1 
past service rendered prior to redeployment either for the purposes of seniority 
or even as experience for promotion in the redeployed organisation in view 
of the specific provisions to that effect in the Rules itself. 
Allowing the appeal, this Court 
G 
HELD : 1.1. The past services of the redeployed staff cannot be counted 
for seniority in the new organisation. The Tribunal, therefore, committed 
serious error in directing that the past service of the employees should be 
counted for granting them the benefit of seniority and experience for 
promotion in the All India Radio. (141-F] 
H 
137 
138 
SUPREME COURT REPORTS 
[1998] 2 S.C.R. 
A 
1.2. The senice conditions of the redeployed em11Ioyees are governed 
by the provisions of the Central Civil Services (Redeployment of Surplus 
staff) Rules 1990 as well as the instructions issued hy the Government of 
India from time to time. In exercise of the power under Rule 9 of the Rules, 
Government of India has issued the revised scheme indicating the manner 
B in which and the extent to which surplus staff on being redeployed under the 
Rules can be given the benefit of their past services. Paragraph 11 of the 
revised Scheme deals with the question of benefit of past senice after 
redeployment. Para 11.1 clearly stipulates that the past service rendered 
prior to redeployment should not count towards seniority in the new 
organisation. I 141-C) 
c 
2. Under Recruitment Rules for various posts in the All India Radia 
called All India Radio (Class III po~1s) Recruitment Rules, 1964 as amended 
from time to time, the.post of Head Clerk is filled up by promotion to the 
extent of 50% from amongst the Oerk Grade WCierk Grade I/ Stenographer 
with a minimum of five years of service in the grades on the basis of a 
D qualifying departmental examination and the criteria for promotion is 
seniority-cum-fitness. Thus, since the past senice of redeployed ~11rplus 
employees cannot be counted for seniority in the new organisation, equally 
the pa.tj experience also would not count as the so-called past senice rendered 
will not be senice in the grade. Similarly for promotion to Clerk Grade I 
E which is made on the basis of seniority-cum-fitness from amongst the Clerks 
Grade II, five years of service in the grade is required for being considered 
for promotion. Obviously, therefore an employee should have five years of 
experience in Clerk Grade II of the All India Radio after being redeployed 
under the Rules in order to be eligible for being considered for promotion. 
F 
G 
(141-G-H; 142-A-B) 
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 6201-06 of 
1995. 
From the Judgment and Order dated 27.5.94 of the Central Administrative 
Tribunal Cuttack in 0.A. Nos. 160-161and163of1993. 
N. Goswami, S.K. Dwivedi, Ashok K. Srivastava and B.K. Prasad for the 
Appellants. 
The Judgement of the Court was delivered by 
H 
PATTANAIK, J. These appeals are directed against the orders of the 
... 
U.0.1. v. K. SA VTTRI [PATTANAIK. J.] 
139 
Central Administrative Tribunal, Cuttack Bench, dated 27.5.1994 and 27.10.1994 A 
passed in Original Applicati~n Nos. 160, 161 and 163of1993. It may be stated 
that the Union of India preferred applications for re

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