| Headnote |
Service Law : Bank Note Press (Class /I/ Posts) Recruitment Rules, I 974: Deputation-Appointment on-Jn absence of rules-Validity of-Bank Note Press, at the time of its establishment, did not have its own cadre of Inspector (Control) nor any Recruitment Rules for that post-Finding it not safe or possible to entrust the responsibilities of Processing and final supply of bank notes to RBI to new recruits, the Press decided to fill up 50% posts of Inspector (Control) from qualified and trained persons in sister organisations-The appellants, who were appointed as Assistant Inspector (Control) at India Security Press, applied for and appointed as· Inspector (Control) in the Press on deputation-Subsequently, Recruitment Rules were firmed for the said post and by an amendment recruitment by transfer on deputation was provided-Held: Under these circumstances the appellants appointment could not· have been faulted on the ground that there was no provision for appointment on deputation-In the absence of Statutory Rules under Art. 309, appointments can be regulated by administrative orders or executive instructions-Hence, appellants' appointment valid~Constitution of India, 1950, Art. 309. Seniority--Deputationists permanently absorbed vis-a-vis direct recruits-Inter-se seniority-Determination of-Post of Inspector (Control) in Bank Note Press-Appellants. Who were working as Assistant Inspector (Control) in India Security Press, sent on deputation to the Press as Inspector (Control)-Subsequently, notionally promoted and confirmed as Inspector (Control) in Parent department-Later, absorbed as Inspector (Control) in the Press in permanent posts and their lien in parent department terminated under FR 14-A(g)-Respondents were direct recruits initially appointed as Apprentice Assistant Inspector (Control) in the Press and subsequently appointed as Inspector (Control) on prohibition on a date subsequent to the date of initial appointment of appellants-Thereafter, respondents appointed on substantive basis on a date subsequent to the date of absorption of the appellants-Held: Appellants were entitled to benefit of service rendered in parent department on identical posts for determination of their seniority-More so, when there were no Recruitment Rules framed under Art. 309-Hence, CAT erred in treating the respondents as seniors to the appellants-Moreover, as there were no service rules regulating seniority, Government was fully justified in treating the appellants as senior to the respondents on the basis of their earlier confirmation. Seniority-Date of-Determination-Held: In the absence of service rules regulating seniority, ''date for confirmation'' can be adopted to determine seniority. The Bank Note Press is a departmental undertaking of the Government of India and is engaged in the Sovereign function of printing of Bank Notes. Respondent No. 1 is the Union of India and Respondent No. 2 is the General Manager, Bank Note Press. Since at the time of its establishment, the Press did not have its own cadres of various posts, including the post of Inspector (Control), nor were any Recruitment Rules made for these posts, on its request the Government of India Sanctioned 20 posts in the grade of Inspector (Control). Since it was felt that is would not be safe or possible to entrust the responsibilities of processing and final supply of Bank Notes to the Reserve Bank of India, to raw hands, namely the new recruits, the Press, in consultation with the Ministry of Finance decided to fill up 50% posts of Inspector (Control) from qualified and trained persons working in the sister organisations, namely the India Security Press as also the Security Paper Mill and the remaining 50% by direct recruitment. Consequently, the Press issued a requisition letter to the sister organisations, including the India · Security Press for sponsoring the names of the candidates willing to take up appointment as Inspector (Control), for which the eligibility criteria was five years' experience as Assistant Inspector (Control). The appellants, who were appointed as Assistant Inspector (Control) at the India Security Press on various dates, applied for appointment as Inspector (Control) in the Press and were appointed on those posts on deputation on different dates. In the meantime, all the appellants were promoted, though notionally, on the posts of Inspector (Control) in their parent department and confirmed on those posts. The Central Government promulgated the Bank Note Press (Class III Posts) Recruitment Rules, 1974 for the posts of Inspector (Control) under Article 309 of the Constitution. These Rules were amended to include transfer on deputation as one of the modes of recruitment Subsequently, the Government of India sanctioned six permanent posts of Inspector (Control). The appellants, on the recommendations of the Departmental Promotion Committee, were permanently absorbed on the posts of Inspector (Control) in the Press and their lien in the Parent department was terminated under FR 14-A(g). Respondent 3 to 9, who were the direct recruits, were initially appointed as Apprentice Assistant Inspector (Control) and were subsequently appointed as Inspector (Control) firstly on probation and later in substantive capacity, all on dates subsequent to the date of initial appointment of the appellants in the Press on deputation and the date of absorption of the appellants as Inspector (Control). Accordingly, the appellants were treated as senior to respondents 3 to 9. Being aggrieved, the respondents 3 to 9 preferred a petition before the Central Administrative Tribunal, which was allowed. Hence this appeal. |
