VIKRAMADITYA PRASAD, J. - (1.) THE short question to be answered in this writ petition is as to from which date the eligibility of the petitioner for promotion in E -3 grade should be reckoned?
(2.) THE question aforesaid arose out of the facts that the petitioner was appointed in E -2 grade on 4.8.1990 but at his own request, he was transferred to C.M.P.D.I., where he did join on 15.5.1991. Here is the dispute whether the seniority of the petitioner should be reckoned from 15.5.1991 or with effect from 4.8.1990 for the purpose of promotion. In this context, Annexure -2 is referred, which, inter alia, reads as follows : "Since the transfer is being made at his own request Shri Singh will not be entitled to any transfer TA/Settling in Allowance etc. and his seniority in E -2 grade as Chemical Engineer will be reckoned from the date he joins in C.M.P.D.I." The plain reading of this means that the seniority of the petitioner in E -2 grade will now be reckoned from the date he joins in C.M.P.D.I. There will be difference in seniority in C.M.P.D.I. as an Unit and his seniority in E -2 grade as a whole. This letter does not say that his seniority in the Unit (C.M.P.D.I.) will be reckoned from the date he joined in the service, rather it simply says that his seniority in E -2 grade shall be reckoned from the date he joins in C.M.P.D.I., meaning thereby, in the E -2 grade of officials, his seniority will be computed not from the date he entered in the service in E -2 grade i.e. with effect from 4.8.1990, but now that date shifts to 15.5.1991. The petitioner has not shown any protest against this.
(3.) BUT the learned counsel appearing for the petitioner, relying on Annexure -4, submitted that this letter issued in the year 1985 gives a direction in the form of office memorandum as to what will be done in a particular Unit, when the promotion is to be given and thus, she impresses the Court to consider the request transfer in the context of Transfer Office Memorandum. Annexure -4. The Office Memorandum, An -nexure -4, reads as follows : "In this connection, it is clarified that while the name of the Officer transferred on request will be placed at the bottom of the seniority list in his/her grade in the new Company, when the Officer immediately senior to him/her in the new Company becomes eligible for promotion, say after one year, the transferee will also become eligible for consideration for promotion provided he/ she has put in the minimum prescribed grade in the previous Company. However, if the officer immediately senior to the transferee in the new company has put in less than the minimum prescribed period of service, say six months, in the grade, the transferees case for promotion will not be considered till his/her senior becomes eligible for promotion even though the transferee might have put in more than the requisite service in the grade prior to his/her transfer." Now the question is whether the office memorandum issued in the year 1985 was applicable even at the time, when the promotion of the petitioner was taken up. Annexure -12, which is also the impugned order, is relevant in the this context. This has been issued on 16.2.1999 and it takes note of the contents of the office memorandum dated 14.6.1985 (Annexure -4). The relevant portion of Annexure -12, being apposite, are reproduced below: "The Office Memorandum dated 5th June, 1985 only clarifies with regard to procedure to be followed for consideration of such transferred executive, when his immediate senior executive in the transferee company is considered for promotion. In the case of Shri Singh since there was no senior executive above him the question of application of the above O.M. dated 5th June, 1985 could not arise. Moreover, Shri Singh having not been completed the requisite period in the transferee company was not eligible for consideration of his promotion as the period of service rendered in the previous company can not be taken into consideration for the purpose of eligibility for promotion.";