OA No. 1384/2016, MA No. 1369/2016 and MA No. 679/2017. Case: D.K. Mishra and Ors. Vs Union of India and Ors.. Central Administrative Tribunal
| Case Number | OA No. 1384/2016, MA No. 1369/2016 and MA No. 679/2017 |
| Counsel | For Appellant: Jyoti Singh, Senior Advocate, Amandeep Joshi and Himanshu, Advs. and For Respondents: R.K. Jain, Advocate |
| Judges | Permod Kohli, J. (Chairman) and K.N. Shrivastava, Member (A) |
| Issue | Administrative Tribunals Act, 1985 - Sections 15, 19 |
| Judgement Date | April 06, 2017 |
| Court | Central Administrative Tribunal |
Order:
K.N. Shrivastava, Member (A), (Principal Bench At New Delhi)
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M.A. No. 1369/2016 filed for joining together is allowed.
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The applicants joined Delhi, Andaman & Nicobar Islands Administrative Service [hereinafter referred to as DANICS] between the years 1982-1985. They secured their regular promotions to Selection Grade, Junior Administrative Grade-II [for short, JAG-II] and Junior Administrative Grade-I [for short, JAG-I]. The details in this regard are at Annexure A-3.
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In terms of Rule 8 (1) of the Indian Administrative Service (Recruitment) Rules, 1954 read with Regulation 9(1) of the Indian Administrative Service (Appointment by Promotion) Regulations, 1955 and Rule 3 of the Indian Administrative Service (Probation) Rules, 1954, the applicants were inducted into IAS and allocated AGMUT Cadre. Their induction was against the vacancies of the years 2009 and 2010 and an order to this effect was issued by the respondent No. 1 on 24.11.2011 (Annexure A-5). Inter se seniority of State Civil Service (SCS) Officers inducted into IAS is governed by the Indian Administrative Service (Regulation of Seniority) Rules, 1987 [for short, Seniority Rules, 1987]. The relevant Rule 3, which deals with assignment of year of allotment, is reproduced below:-
3. Assignment of year of allotment:-
(1) Every officer shall be assigned a year of allotment in accordance with the provisions hereinafter contained in these rules.
(2) The year of allotment of an officer in Service at the commencement of these rules shall be the same as has been assigned to him or may be assigned to him by the Central Government in accordance with the orders and instructions in force immediately before the commencement of these rules.
(3) The year of allotment of an officer appointed to the Service after the commencement of these rules shall be as follows:-
(i) the year of allotment of a direct recruit officer shall be the year following the year in which the competitive examination was held:
Provided that if a direct recruit officer is permitted to join probationary training under rule 5(1) of the IAS (Probation) Rules, 1954, with direct recruit officers of a subsequent year of allotment, then he shall be assigned that subsequent year as the year of allotment.
(ii) The year of allotment of a promotee officer shall be determined with reference to the year for which the meeting of the Committee to make selection, to prepare the select list on the basis of which he was appointed to the Service, was held and with regard to the continuous service rendered by him in the State Civil Service not below the rank of a Deputy Collector or equivalent, up to the 31st day of December of the year immediately before the year for which meeting of the Committee to make selection was held to prepare the select list on the basis of which he was appointed to the Service, in the following manner:-
a. for the service rendered by him upto twenty one years, he shall be given a weightage of one year for every completed three years of service, subject to a minimum of four years;
b. he shall also be given a weightage of one year for every completed two years of service beyond the period of twenty one years, referred to in sub-clause (a), subject to a maximum of three years.
Explanation- F or the purpose of calculation of the weightage under this clause, the fractions, if any, are to be ignored:
Provided that he shall not be assigned a year of allotment earlier than the year of allotment assigned to an officer senior to him in that select list or appointed to the service on the basis of an earlier select list:
(iii) the year of allotment of an officer appointed by selection shall be determined with reference to the year for which the meeting of the Committee to make the selection to prepare the select list, on the basis of which he was appointed to the Service, was held and with regard to the continuous service rendered by him in a post equivalent to the post of Deputy Collector or a higher post, up to the 31st December of the year immediately before the year for which the meeting of the Committee to make the selection was held to prepare the select list on the basis of which he was appointed to the service, in the following manner:-
(a) for the service rendered by him up to twenty one years, he shall be given a weightage of one year for every completed three years of service, subject to a minimum of four years;
(b) he shall also be given a weightage of one year for every completed two years of service beyond the period of twenty one years, referred to in sub-clause (a), subject to a maximum of three years.
Explanation- For the purpose of calculation of the weightage under this clause, the fractions, if any, shall be ignored:
Provided that he shall not be assigned a year of allotment earlier than the year of allotment assigned to an officer senior to him in that select list or appointed to the Service on the basis of an earlier select list:
Provided further that he shall not be allotted a year earlier than the year of allotment assigned to an officer already appointed to the service in accordance with sub-rule (1) of rule 8 of the recruitment rules, whose length of Class I continuous service in the State Civil Service is equal to or more than the length of Class I continuous service of the former in connection with the affairs of the State.
Explanation - The length of the relevant Class I continuous service in either case shall be with reference to the 31st day of December of the year immediately before the year for which the meeting of the Committee to make selection was held to prepare the select list on the basis of which appointments were made in the respective cases.
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The Ministry of Home Affairs (Respondent No. 2) have published the National Capital Territory of Delhi, Andaman and Nicobar Islands, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil Service) Rules, 2003 (page 75-99 of the paper book)[for short, 2003 Rules]. The 'approved service' in relation to any grade under 2003 Rules has been defined as under:-
"(e) "Approved Service", in relation to any grade, means the period or periods of regular service rendered in that grade, including period or periods during...
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