Bhan, J. - (1.) The respondent herein was appointed as Junior Engineer in the Dandakarnya Development Authority on 30-5-1980 in the pay scale of Rs. 425-700. Subsequently, he was declared surplus in the said project. With a view to mitigate the hardship which would result from such retrenchment of employees, a scheme for re-deployment of surplus staff was formulated by the Government of India vide Ministry of Home Affairs, O.M. No. 3/27/65-CSII, dated 25-2-1966 to provide facility for re-deployment/alternative placement in other Government Offices where suitable vacancies exist. While the re-deployment of surplus staff was treated as transfer in public interest for specific purposes like transfer-TA, joining time, joining time pay, leave and pension, the surplus staff was treated as fresh entrants in the new office for the purpose of seniority and seniority based matters in that office.
(2.) In view of the above O.M. respondent was offered an appointment in CPWD as Junior Engineer which he joined on 19-8-1988 as a fresh entrant. In the letter of appointment it was specifically stated that the appointment will take effect from the date he actually joins the duty. That he would be on probation for a period of 2 years and required to pass a departmental examination in simple accounts within two years from the date of appointment and in the event of his failure to pass the said test within the stipulated time the second increment and future increment would be withheld till he passes the test. The appointment was temporary and liable to be terminated at any time by giving one months notice. That he would not be granted the benefit of past service rendered by him prior to deployment for the purposes of seniority.
(3.) Directorate General of Works, Central Public Works Department vide O.M. No. A-11014/1/91EC/VI, dated 27-3-1991 took a decision that with effect from 1-1-1986 the Junior Engineers (Civil and Electrical) and the Section Officers (Horticulture) of CPWD on their completion of 5 years service in the entry grade pay scale of Rs. 1400-40-1800-EB-50-2300 (Pre-revised pay scale of Rs. 425-15-500-EB-15-500-20-700) may be placed in the higher grade pay scale of Rs. 1640-60-2600-EB-75-2900 subject to the rejection of unfit and vigilance clearance by the DPC. In order to clarify that the benefit of past service rendered prior to deployment would not be counted for fixation of revised pay scales as per OM dated 27-3-1991, the Directorate General of Works, Central Public Works Department, issued O.M. No. A-26017/4/91/EC/VI, dated 16-8-1991 clarifying that the Junior Engineers re-deployed in the CPWD shall not be entitled to take the benefit of past service for getting the benefit of two higher pay scales vide Memo dated 27-3-1991 as the same benefit was not admissible to the CPWD Junior Engineers who were senior to them with less than 5/15 years service. Relevant extract of O.M. dated 16-8-1991 is reproduced below : "The matter has been considered and it has been observed that according to the instructions contained in the scheme of re-deployed staff issued by the Government from time to time the re-deployed staff are treated as fresh entrants in the new offices/organizations for the purpose of fixing their seniority and they are placed below the employees who have already joined the new offices/organisations wherein they count the date of their seniority from the date of joining/confirmation. The intention behind the policy is that the benefit of past service should be allowed to them where it does not adversely affect the interest of the employees already senior in the office/organisation to which they are re-deployed. It has, therefore, been decided that the Junior Engineers re-deployed in the CPWD are not entitled to the past service benefit for getting the benefit of the two higher pay scales vide this Directorate O.M. No. A 11014/1/91/EC/VI, dated 27-3-1991 as the same benefit is not admissible to the CPWD Junior Engineers who are senior to them with less than 5/15 years service." O.M. dated 27-3-1991 was to work out as under : (a) Rs. 1400-40-1800-EB-50-2300 - At the entry stage. (b) Rs. 1640-60-2600-EB-75-2900 - after completion of 5 years of service in the entry grade effective from 1-1-1996. (c) Rs. 2000-60-2300-EB-75-3200-100-3500 - After completion of 15 years service effect from 1-1-1991. ;