SANJAY KISHAN KAUL,J. - (1.) Leave granted. The appellants were appointed as Junior Engineers (Electrical) in the All India Radio, New Delhi from time to time between 1987-1990. On an option being invited for deputation as Junior Engineers to the Electrical Wing of the Postal Department, the appellants opted for the same and memorandums were issued for their deputation in 1996. The initial period of deputation was two years but the appellants were desirous of permanent absorption in the Department of Post (hereinafter referred to as the 'DOP').
(2.) The All India Radio had become an autonomous body, namely, "Prasar Bharati" and it appears that some of the appellants thus did not want to continue in the parent cadre. The option was, however, available for the deputation to either go back to their parent cadre or seek absorption, as they did, on terms and conditions to be specified by the absorbing department, the DOP. The request made by the appellant No.4 clearly state that they would abide by the terms and conditions of absorption in the DOP. However, the other appellants in their requests for absorption requested for their previous seniority and service terms in the parent department to be preserved. It also appears that there was possibility of some of the Junior Engineers to be declared surplus in their parent department. The fact, however, remains that when ultimately the request for absorption by the DOP was acceded to, it was on terms and conditions, specified and agreed to by the appellants. The said terms and conditions are as under :- (i) He/She will sever all connections with his/her parent Ministry/Department. (ii) He/She will not ask for repatriation to his/her parent Ministry/Department. (iii) He/She will be deemed to be new recruits in the unit to which he/she is ordered to be posted. (iv) He/She will be given pay protection and his/her pay will be regulated in accordance with the provisions in FR/SR, and pay will be drawn as per CCA pay rules applicable to DOP Civil Wing. (v) His/Her will count for all purposes except his/her seniority in the cadre. (vi) He/She will move to the place of posting at his/her own cost. (vii) He/She will stand Junior to all JEs (C)/(E) who have already opted for DOP Civil Wing and those who have joined the Postal Civil Wing before date of issue of letter of his/her absorption in the Civil Wing of Deptt. of Post. (viii) He/She will count his/her seniority from the date of issue of letter of permanent absorption in the Postal Civil Wing unit to which he/she is ordered to be posted on permanent absorption. However, the inter se seniority of JEs absorbed from CCW, AIR, will be in accordance with their seniority fixed by the AIR (Civil Construction Wing), Ministry of I and B. (ix) He/She will resign form his/her present post of JE (C)/(E) from his/her parent department. (x) As a JE(C)(E) his/her transfer liability will be within the jurisdiction of the Postal Civil/Elect. Circle in which he/she is posted." (emphasis supplied). The aforesaid terms and conditions, so far as the present controversy is concerned, thus clearly set out that the appellants would be treated as "new recruits" and the service will be counted in the earlier cadre for all purposes "except his/her seniority in the cadre". There was no murmur of protest at the relevant time.
(3.) However, after a couple of years, the appellants made representations seeking to consider their deputation period for fixing the seniority but such a request was not accepted. It is on the occasion of finalization of the seniority list that the appellants approached the Central Administrative Tribunal, Principal Bench, New Delhi by filing OA No.1490 of 2004 under Section 19 of the Administrative Tribunal Act, 1985 seeking to contend that the appellants were compelled to accept the terms and conditions of absorption on a permanent transfer basis while joining the Postal Department and that such terms and conditions were totally arbitrary, illegal and against the provisions of the Constitution of India, being opposed to public policy. The ground of challenge, inter alia, raised the plea of violation of Articles 14 and 16 of the Constitution of India and sought to rely on the guidelines contained in OM No.9/II/55-RPS dated 22.12.1959 which reads as under :- "(iv) In the case of a person who is initially taken on deputation and absorbed later, his seniority in the grade in which he is absorbed will normally be counted from the date of absorption. If he has, however, been holding already (on the date of absorption) the same or equivalent grade on regular basis in his parent Department such regular service in the grade also should be taken into account in fixation of his seniority subject to the condition that he will be given seniority from the date he has been holding the post on deputation. OR The date from which he has been appointed on a regular basis to the same or equivalent grade in his parent department, whichever is later." ;