Rajindera Prasad Dhasmane Vs. Union of India & Ors.
EmailAppeal: Civil Appeal O. 3930 of 1986.
Petitioner: Rajindera Prasad Dhasmane
Respondent: Union of India & Ors.
Apeal: Civil Appeal O. 3930 of 1986.
Judges: E.S.VENKATARAMIAH & N.D.OJHA,JJ.
Date of Judgment: Jul 15, 1988
Head Note:
SERVICE
Central Information Rules, 1959:
Seniority – Appellant working in Class II Grade III post w.e.f. 25-8-1973 – Rules amended on 3-6-1978 including the post held by the appellant in the Schedule – Appellant not to be denied benefit of service put in by him between 25-8-1973 and 3-6-1978 in determining the seniority.
JUDGEMENT:
O R D E R
1. The appellant was appointed as Assistant Examiner (Proofs) in CWMG Unit of the publication Division in the Information and Broadcasting Department, Government of India on 26.4.1966. In due course he was promoted and appointed as the Assistant Editor (which is a Class II Gazetted Post) in the Ministry of Information and Broadcasting by an order dated 5.9.1973 with effect from 25.8.73.
2. The question involved in this case relates to the seniority of the appellant. It appears that on account of some reason the post which the appellant was holding was not included in the Schedule to the Central Information Service Rules, 1959. It was specifically included by an amendment dated 3rd June, 1978. The appellant has been holding the Class II post continuously from 25.8.73 and even now he is holding the same post. The department appears to have taken the view that since the Rules were amended on 3.6.78 by including the post held by the appellant in the Schedule to the Rules he should be treated as having entered in Class II Grade III post with effect from 3.6.78. We find that this view has been approved by the High Court also. We do not agree with the above view. Since the appellant has been continuously working in Class II Grade III post with effect from 25.8.1973 there was no justification for denying him the benefit of the service which had been put in between 25.8.73 and 3.6.78.
3. We, therefore, direct the respondents to place the name of the appellant in the seniority list above the name of officials who had joined Class II Grade III posts in the cadre to which the appellant belongs subsequent to 25.8.73. This appeal is, accordingly allowed. No. costs.
1. The appellant was appointed as Assistant Examiner (Proofs) in CWMG Unit of the publication Division in the Information and Broadcasting Department, Government of India on 26.4.1966. In due course he was promoted and appointed as the Assistant Editor (which is a Class II Gazetted Post) in the Ministry of Information and Broadcasting by an order dated 5.9.1973 with effect from 25.8.73.
2. The question involved in this case relates to the seniority of the appellant. It appears that on account of some reason the post which the appellant was holding was not included in the Schedule to the Central Information Service Rules, 1959. It was specifically included by an amendment dated 3rd June, 1978. The appellant has been holding the Class II post continuously from 25.8.73 and even now he is holding the same post. The department appears to have taken the view that since the Rules were amended on 3.6.78 by including the post held by the appellant in the Schedule to the Rules he should be treated as having entered in Class II Grade III post with effect from 3.6.78. We find that this view has been approved by the High Court also. We do not agree with the above view. Since the appellant has been continuously working in Class II Grade III post with effect from 25.8.1973 there was no justification for denying him the benefit of the service which had been put in between 25.8.73 and 3.6.78.
3. We, therefore, direct the respondents to place the name of the appellant in the seniority list above the name of officials who had joined Class II Grade III posts in the cadre to which the appellant belongs subsequent to 25.8.73. This appeal is, accordingly allowed. No. costs.
