Full Judgment Text
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PETITIONER:
T. SHANTHARAM
Vs.
RESPONDENT:
STATE OF KARNATAKA & ORS.
DATE OF JUDGMENT16/01/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
SEN, S.C. (J)
CITATION:
1995 AIR 1123 1995 SCC (2) 538
JT 1995 (2) 642 1995 SCALE (1)320
ACT:
HEADNOTE:
JUDGMENT:
ORDER
1. Leave granted.
2. The facts are telling that the appellant was appointed
in the Revenue Department as Second Division Clerk in
Manglore on October 8, 1963. He was sent on deputation to
the Food and Civil Supplies Department which was then part
of Revenue-Department as Assistant Civil Supplies Inspector
on December 26, 1967 and was promoted as Second Grade Civil
Supplies Inspector on September 11, 1968 which is stated to
be equivalent to Sheristedar. The 5th respondent Mr.
R.K.Vasudev was appointed as a Second Division Clerk on
January 22, 1965 in Food Wing of the Revenue Department-
Thereafter he was regularised as Second Division Clerk on
September 30, 1971 and was promoted as a Sheristedar on June
17, 1982. From these facts, it is clear that at all levels
of appointments and promotions, the appellant was always
senior to 5th respondent. But one fact that remains on
record is that the appellant continued to be on deputation
in the Food Wing of Revenue Department. When he was sought
to be repatriated, the appellant filed APplication
No.6432/86 before the Administrative Tribunal, Bangalore.
The Tribunal by its order dated January 28, 1988 directed
absorption of the appellant in the Food Department as
indicated in the order which reads thus:
"Since the applicant is working in the Food
and Civil Supplies Department since 1966(about
32 years and he has not been given any
proforma promotion in the Revenue Department
and there are no valid ground to reject his
request for absorption, we are of the
considered opinion that the Applicant is
entitled for a direction to the respondents to
absorb him in the Department of Food and Civil
Supplies in the post now held by him. It is
ordered accordingly after quashing Annexure
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A."
Subsequent thereto it would appear that the appellant was
absorbed and he was placed above the 5th respondent and also
promoted on January 1, 1980 as a Assistant Director. It
would also appear from the record that the 5th respondent
also promoted as Asia Director. The only question is of
inter se seniority between the appellant and the 5th-
respondent. Shri Rama Jois, learned senior counsel for the
respondent contended that the Rules prescribed that on the
deputation the post should be the post equivalent to which
he was holding in the parent department and the appellant
cannot be transferred and deputed in the Food Wing on higher
post than the post hold in the parent department. Though
there is force in the contention as per the Rules but meat
of the matter is that the appellant uninterruptedly worked
in the Food department till date of the order by the
Tribunal. Under these circumstances, though initially he
might have mistakenly been deputed to hold higher post in
the Food & Civil Supplies Department, since the appellant
had obviously discharged his duties and higher re-
sponsibilities to the satisfaction of all concerned, at this
distance of time, it is highly unjust to send him back to
hold the post in the present department which he was
entitled to hold and the Tribunal is not
644
right to interfere with action of the department in its
absorption of the appellant as per its own earlier order.
The direction given by the Tribunal at the instance of 5th
respondent in the impugned order dated July 10, 1994 is
accordingly set aside and the order issued in the earlier
proceedings stands confirmed. In consequence the order of
absorption and the promotion given to the appellant stand
upheld. The appeal is allowed. No costs.
646