Facts of the Case

The present writ petitions were filed by the petitioners challenging an order dated 31.10.2019 passed by the Central Administrative Tribunal (CAT).

The dispute revolved around whether the past service rendered by employees at their previous place of posting (prior to transfer) should be counted as valid experience for the purpose of determining eligibility for promotion at the new place of posting.

The Tribunal had ruled in favor of the employees, relying on earlier judicial precedents. Aggrieved by this, the petitioners approached the High Court. 

Issues Involved

  1. Whether past service rendered prior to transfer should be counted towards experience for promotion.
  2. Whether the Tribunal erred in relying on earlier precedents despite certain matters being pending or stayed before the Supreme Court.
  3. Whether the High Court should interfere with the Tribunal’s order.

Petitioner’s Arguments

  • The petitioners contended that the Tribunal wrongly relied on earlier judgments such as Union of India v. Chet Ram Meena.
  • It was argued that the said judgments were under consideration before the Supreme Court and some had been stayed.
  • Therefore, reliance on such precedents was improper, and the Tribunal’s order should be set aside.

Respondent’s Arguments

  • The respondents argued that the issue was already settled by multiple judicial pronouncements.
  • It was highlighted that:
    • Appeals before the Supreme Court in related matters had been dismissed.
    • Earlier High Court decisions had already been implemented.
  • Reliance was placed on binding precedents affirming that past service cannot be ignored for promotion eligibility.

Court’s Findings / Judgment

The Delhi High Court held that:

  • The issue was squarely covered by earlier judgments, including:
    • Union of India vs. Manglalzom Gangte
    • Union of India vs. Nitin
  • The Court reaffirmed the principle laid down in:
    • Union of India vs. C.N. Ponnappan

wherein it was held that:

Service rendered prior to transfer is regular service and must be counted for experience and promotion purposes.

  • The Court found no merit in the petitioners’ arguments and declined to interfere with the Tribunal’s order.
  • Accordingly, both writ petitions were dismissed.

Important Clarifications

  • Transfer on compassionate or administrative grounds does not erase past service.
  • Seniority may change at the new place, but experience remains intact.
  • Past service must be considered for:
    • Promotion eligibility
    • Experience calculation
    • Service benefits

Link to download the order -https://delhihighcourt.nic.in/app/case_number_pdf/2020:DHC:1025-DB/AJB12022020CW15992020_132423.pdf

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