dofp2024_00108 — Applicants herein, who were JEs in All India Radio between 1987-1990 on being called on deputation as JEs in Electrical Wing of the Postal Department joined in Postal Department. On joining in Postal Department on permanent basis, they requested for considering their service in AIR for fixing their seniority which was not accepted. The seniority will be from the date of deputation period and the Applicants holding the same or equivalent grade in regular basis in their parent department will not
Original Rule Text
Applicants herein, who were JEs in All India Radio between 1987-1990 on being called on deputation as JEs in Electrical Wing of the Postal Department joined in Postal Department. On joining in Postal Department on permanent basis, they requested for considering their service in AIR for fixing their seniority which was not accepted. The seniority will be from the date of deputation period and the Applicants holding the same or equivalent grade in regular basis in their parent department will not be counted and the Applicants will be treated as new entrants. Their previous service in AIR will be counted for final settlement dues — This chunk discusses a legal case where employees who were temporarily working in All India Radio (AIR) were later absorbed into the Postal Department on permanent basis, but under conditions that th... — Facts: Appellants who were working as JEs in All India Radio from time to time between 1987-1990 joined on deputation as JEs in Electrical Wing of the Postal Department. They were absorbed permanently as JEs in Postal Department as requested by them subject to the condition that “the Appellants would be treated as ‘new recruits' and service in the earlier cadre would be counted for all purposes except his/her seniority in (Postal) cadre”. There was no protest at that relevant time. After two years, the Appellant sought to consider their deputation period for fixing seniority which was not accepted. After finalization of seniority list, the Applicants approached CAT. The plea of the Applicants before the Tribunal was that, the date of seniority would be from the date of deputation and in case the person was already holding the same or equivalent grade on regular basis in his parent department, such regular service should also be counted. Tribunal allowed the application and directed re-drafting of seniority list counting regular service of the Appellants on the analogous post of JE in AIR preceding their deputation as also the period spent on deputation till their permanent absorption. However, the High Court allowed the petition of the department challenging the Tribunal order. Hence the instant appeal by the Applicants.