1990 (11) TMI 420 - SC - Indian Laws

Supreme Court Upholds Seniority Rules in Central Information Service

A.K. Bhatnagar and Ors. Versus Union of India (UOI) and Ors.

A.K. Bhatnagar and Ors. Versus Union of India (UOI) and Ors. - JT 1990 (4) SC 610, 1990 (2) SCALE 949, (1991) 1 SCC 544, [1990] Supp 2 SCR 638 Issues:1. Regularization of service and seniority disputes among direct recruits in the Central Information Service.2. Interpretation of service rules and notifications regarding seniority and promotion.3. Judicial review of government actions in accordance with service rules.Analysis:1. The case involved Civil Appeals and a Writ Petition regarding the regularization of service in the Central Information Service (C.I.S) and the subsequent seniority disputes among direct recruits. The petitioners were initially not regularly recruited but were later regularized in service in 1977 through amendments to the Rules.2. The Central Information Service Rules, 1959, established the C.I.S, with provisions for direct recruitment and promotion within the service. The dispute in this case focused on the inter se seniority among direct recruits to Grade IV, with specific reference to the regularized employees and their placement in the service hierarchy.3. The notification issued on 27th January, 1977, regularized the services of certain ad hoc employees in Grade IV of the C.I.S. The petitioners challenged the direction in the notification that placed regularized employees below the regular recruits up to 1970 based on that year's examination results.4. The High Court and Division Bench decisions favored the regularized employees, considering their officiating service from 1964 to 1977 for determining seniority. However, the Supreme Court emphasized that seniority in service is governed by service rules, and in the absence of specific provisions, the length of service is a key factor.5. The Court rejected arguments equating regular recruitment examinations with the screening process for regularized employees. It upheld the government's decision to place regularized officers below regular recruits based on the 1970 examination results, as per the service rules.6. The Court clarified that disputes over seniority between direct recruits and promotees should be resolved according to the rules governing each category. It highlighted the importance of adhering to service rules and refraining from judicial interference when government actions align with the established regulations.7. The Court acknowledged concerns regarding potential reversion of the petitioner due to the seniority dispute. It suggested allowing the petitioner to hold a supernumerary post without further promotion until entitled based on seniority as per the regularization notification.8. The Court dismissed claims for considering past service of regularized employees not covered by the regularization notification, emphasizing adherence to the rules for determining seniority. Ultimately, the Civil Appeals were allowed, setting aside the lower court judgments and dismissing the claims filed before the Central Administrative Tribunal.9. The Court reiterated the importance of following service rules to avoid disruptions and urged governments to adhere to the rules framed under Article 309 of the Constitution. It emphasized the binding nature of such rules and the need for compliance to prevent issues arising from deviations.10. The Court concluded by stating that there would be no order as to costs in the case, emphasizing the significance of adherence to service rules and the rule of law in matters related to service regularization and seniority disputes.