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PETITIONER: T. SHANTHARAM

       Vs.

RESPONDENT: STATE OF KARNATAKA & ORS.

DATE OF JUDGMENT16/01/1995

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. SEN, S.C. (J)

CITATION:  1995 AIR 1123            1995 SCC  (2) 538  JT 1995 (2)   642        1995 SCALE  (1)320

ACT:

HEADNOTE:

JUDGMENT: ORDER 1.   Leave granted. 2.   The facts are telling that the appellant was  appointed in  the  Revenue  Department as  Second  Division  Clerk  in Manglore  on October 8, 1963.  He was sent on deputation  to the  Food and Civil Supplies Department which was then  part of Revenue-Department as Assistant Civil Supplies  Inspector on December 26, 1967 and was promoted as Second Grade  Civil Supplies Inspector on September 11, 1968 which is stated  to be  equivalent  to  Sheristedar.   The  5th  respondent  Mr. R.K.Vasudev  was  appointed as a Second  Division  Clerk  on January  22,  1965 in Food Wing of the  Revenue  Department- Thereafter  he was regularised as Second Division  Clerk  on September 30, 1971 and was promoted as a Sheristedar on June 17, 1982.  From these facts, it is clear that at all  levels of  appointments  and promotions, the appellant  was  always senior  to  5th respondent.  But one fact  that  remains  on record  is that the appellant continued to be on  deputation in the Food Wing of Revenue Department.  When he was  sought to   be   repatriated,  the  appellant   filed   APplication No.6432/86  before the Administrative  Tribunal,  Bangalore. The  Tribunal by its order dated January 28,  1988  directed absorption  of  the  appellant in  the  Food  Department  as indicated in the order which reads thus:               "Since  the applicant is working in  the  Food               and Civil Supplies Department since 1966(about               32  years  and  he  has  not  been  given  any               proforma  promotion in the Revenue  Department               and  there are no valid ground to  reject  his               request   for  absorption,  we  are   of   the               considered  opinion  that  the  Applicant   is               entitled for a direction to the respondents to               absorb him in the Department of Food and Civil               Supplies  in the post now held by him.  It  is               ordered  accordingly after  quashing  Annexure

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             A." Subsequent  thereto it would appear that  the appellant  was absorbed and he was placed above the 5th respondent and also promoted  on  January 1, 1980 as a Assistant  Director.   It would  also appear from the record that the  5th  respondent also  promoted  as Asia Director.  The only question  is  of inter  se  seniority  between the  appellant  and  the  5th- respondent.  Shri Rama Jois, learned senior counsel for  the respondent  contended that the Rules prescribed that on  the deputation  the post should be the post equivalent to  which he  was holding in the parent department and  the  appellant cannot be transferred and deputed in the Food Wing on higher post  than the post hold in the parent  department.   Though there  is force in the contention as per the Rules but  meat of  the matter is that the appellant uninterruptedly  worked in  the  Food  department  till date of  the  order  by  the Tribunal.   Under these circumstances, though  initially  he might  have mistakenly been deputed to hold  higher post  in the  Food & Civil Supplies Department, since  the  appellant had   obviously  discharged  his  duties  and   higher   re- sponsibilities to the satisfaction of all concerned, at this distance  of time, it is highly unjust to send him  back  to hold  the  post  in  the present  department  which  he  was entitled to hold and the Tribunal is not 644 right  to  interfere with action of the  department  in  its absorption  of the appellant as per its own  earlier  order. The  direction given by the Tribunal at the instance of  5th respondent  in  the impugned order dated July  10,  1994  is accordingly  set aside and the order issued in  the  earlier proceedings  stands confirmed.  In consequence the order  of absorption  and the promotion given to the  appellant  stand upheld.  The appeal is allowed.  No costs. 646