Government Service - Promotees v Direct Recruits -DRs Win Again in SC
THE seniority dispute between departmental promotee and direct recruit officers has been a tricky problem in several Government Departments. And invariably these issues reach the Supreme Court. In - 29.11.2012, we had reported one such case pertaining to Inspectors of Income Tax. The issue relating to Central Excise Inspectors is still pending in Supreme Court.
Recently there was an interesting case before the Supreme Court in the case of Assam Police.
In the same year - 1993, some departmental officers were promoted - totally against all rules and some direct recruit officers were appointed strictly as per rules. When the next promotion came, the promotees were placed above the direct recruits, which was promptly challenged in the Tribunal and the Tribunal held in favour of the direct recruits. The matter travelled through two stages in the High Court to the Supreme Court.
The Supreme Court while upholding the order of the Tribunal made some interesting observations.
1. When the infrastructure is founded on total illegal edifice, the endeavour to put forth a claim for counting the previous service to build a pyramid is bound to flounder.
2. State is a model employer and it is required to act fairly giving due regard and respect to the rules framed by it. But in the present case, the State has atrophied the rules.
3. As a model employer the Government must conduct itself with high probity and candour with its employees.
4. Government can make appointments only in accordance with the rules, for the State is meant to be a model employer.
5. Recruitment rules are framed with a view to give equal opportunity to all the citizens of India entitled for being considered for recruitment in the vacant posts.
The Supreme Court concluded, "We have stated the role of the State as a model employer with the fond hope that in future a deliberate disregard is not taken recourse to and deviancy of such magnitude is not adopted to frustrate the claims of the employees. It should always be borne in mind that legitimate aspirations of the employees are not guillotined and a situation is not created where hopes end in despair. Hope for everyone is gloriously precious and a model employer should not convert it to be deceitful and treacherous by playing a game of chess with their seniority. A sense of calm sensibility and concerned sincerity should be reflected in every step. An atmosphere of trust has to prevail and when the employees are absolutely sure that their trust shall not be betrayed and they shall be treated with dignified fairness then only the concept of good governance can be concretized."