Union of India & Ors Vs. C.N. Ponnappan
[1995] INSC 790 (5
December 1995)
Agrawal, S.C. (J) Agrawal, S.C. (J) G.B. Pattanaik (J)
CITATION:
1996 AIR 764 1996 SCC (1) 524 JT 1995 (9) 175 1995 SCALE (7)116
ACT:
HEAD NOTE:
[WITH
CIVIL APPEAL NO. 529 OF 1989 and CIVIL APPEAL NO. 2320 OF 1995]
O R D
E R
These
three appeals raise a common question for consideration. The question is
whether an employee who is transferred from one unit to other on compassionate
grounds, and, as a result, is placed at the bottom of the seniority list can
have his service in the earlier unit from where he has been transferred counted
as experience for the purpose of promotion in the unit where he is transferred.
There was a difference of opinion amongst the Benches of the Central Administrative
Tribunal (hereinafter referred to as `the Tribunal') on this question. In C.N. Poonappan
V. Union of India & Ors. (Transfer Application No. 770 of 1986) decided on
June 20, 1986, which has given rise to Civil Appeal No.1221 of 1987, the Madras
Bench of the Tribunal has taken the view that though on transfer on
compassionate grounds the employee loses his seniority and is placed at the
bottom of the seniority list at the transferred place but for the purpose
promotion his earlier service in the unit from where he was transferred is not
wiped out and the said service has to be treated as experience for the purpose
of his eligibility for such promotion and if he is found eligible then the
matter of promotion has to be considered on the basis of seniority at the
transferred place.
The Banglore
Bench of the Tribunal in S. Abdul Khayaum & Ors. V. Union of India
(Applications nos. 1282, 1283 and 1284 of 2986) decided on September 30, 1986
has, however, not agreed with the said view of the Madras Bench of the Tribunal
in Poonappan's case (supra) and has held that an employee who is transferred on
compassionate grounds and is placed at the bottom of the seniority list at the
place where he is transferred cannot have his earlier service at the place from
where he was transferred counted as experience for the purpose of eligibility
for promotion. Since the Banglore Bench and the Madras Bench were co-ordinate
Benches of the Tribunal, it was expected that the Banglore Bench, when it of a
Lower Division Clerk to the post of Upper Division Clerk, which is in issue in
Civil Appeals Nos. 1221 of 1987 and 2320 of 1995, the relevant rules required
"eight years regular service in the grade." Similarly, for promotion
from the post of Stenographer Grade III to Stenographer Grade II, which is in
issue in Civil Appeal No. 529 of 1989, "five years of regular service in
the post of Stenographer Grade III" was required.
The
service rendered by an employee at the place from where he was transferred on
compassionate grounds is regular service. It is no different from the service
rendered at the place where he is transferred. Both the periods are taken into
account for the purpose of leave and retrial benefits.
The
fact that as a result of transfer he is placed at the bottom of the seniority
list at the place of transfer does not wipe out his service at the place from
where he was transferred. The said service, being regular service in the grade,
has to be taken into account as part of his experience for the purpose of
eligibility for promotion and it cannot be ignored only on the ground that it
was not rendered at the place where he has been transferred. In our opinion,
the Tribunal has rightly held that the service held at the place from where the
employee has been transferred has to be counted as experience for the purpose
of eligibility for promotion at the place where he has been transferred.
felt
inclined to take a view different from that taken by the Madras Bench, should
have referred the question for consideration by a larger Bench. Any way, the
matter has been considered by a Full Bench of the Tribunal in Transferred
Application No. 65 of 1987 wherein the Full Bench has agreed with the view of
the Madras Bench in Poonappan's case (supra) and has held that a person who is transferred
on compassionate grounds only loses his seniority but he does not lose the
benefit of the past service in the previous unit for the purpose of his
promotion.
Civil
Appeal No. 1221 of 1987 has been filed against the Madras Bench of the Tribunal
in Poonappan's case (supra). Civil Appeal No. 529 of 1989 has been filed
against the judgment of the Madras Bench of the Tribunal dated March 15, 1988 in Civil Appeal No. 118 of 1987
filed by N. Kumarason. Civil Appeal No. 2320 of 1995 has been filed against the
judgment of the Madras Bench of the Tribunal dated October 5, 1987 in Transferred Application No. 65 of 1987 filed by K.A. Balasubramaniam.
Civil Appeals Nos. 1221 of 1987 and 2320 of 1995 relate to promotion from the
post of Lower Division Clerk to Upper Division Clerk and Civil Appeal No. 529
of 1989 relates to promotion from the post of Stenographer Grade III to
Stenographer Grade II.
We
have considered the appeals in the light of provisions contained in the
relevant rules. For promotion.
It has
been pointed out that subsequent to the judgment of the Tribunal in Poonappan's
case (supra), the relevant rules governing promotion from Lower Division Clerk
to Upper Division Clerk have been amended by notification dated June 30, 1986
and now the requirement is "with eight years regular service in the grade
in the unit/office/establishment/laboratory/centre/unit, etc. in which they are
considered for promotion." Since we are in agreement with the view of the
Tribunal on the interpretation of the rules as they stood at the relevant time,
the appeals fail and are accordingly dismissed. No costs.
Back