M. Amanullah Khan vs Government Of India & Ors on 25 August, 2004
Learned senior counsel also pressed into service the decision of the Supreme
Court in CDJ 2004 SC Case No.953 (M.Amanullah Khan v. Government of India and
others) wherein it is held that the period of continuous officiation in senior
posts would count only from the date of inclusion in the Select List or from
the date of officiating appointing to senior post whichever is later. While
there is no quarrel over the proposition enunciated in those decisions, the
fact remains that when the petitioner opted to go on deputation to some other
concern, his seniority in the parent Department, namely, Permanent Way Section
at Palani was being maintained and all the promotions admittedly were given
only on ad hoc basis. Even though he had spent considerable time at Konkan
Railway Corporation Ltd., as rightly pointed out by the learned counsel
appearing for the Railway Administration, the petitioner, having enjoyed
certain facilities in the post he served on deputation, by retaining his lien
in the parent Department, he cannot be allowed to contend that the ad hoc
promotions have to be taken into account while considering his case in the
parent Department on his reversion. In the light of the factual details, we
are of the view that the decisions relied upon by Mr.V.Prakash, learned senior
counsel are not helpful to the case of the petitioner.