Judgment:
M. Katju and D.R. Chaudhary, JJ.
1. Heard learned counsel for thepetitioner and learned standing counsel.
2. The petitioner has prayed for a mandamus directing the respondents to give the benefit to the petitioner of selection grade on the basis of Government Orders dated 8.3.1995 and 16.3.1994 as the petitioner has completed 8 years of service on 7.12.1995.
3. The petitioner was selected in U.P. State Civil Services Examination for selection to P.C.S. and allied services. After his selection, he was appointed as Manager (Marketing and Economic Service) vide Annexure-2 to the writ petition by order dated 29.10.1987. Thereafter on 31.1.1989 there was a reshuffle in the select list and the petitioner was posted as Addl. Superintendent (Jail) where he is still working. The short question in this case is whether his service as Manager is to be added to his service as Addl. Superintendent (Jail) for the purpose of grant of selection grade.
4. According to Government Orders dated 8.3.1995 and 16.3.1994 selection grade is to be granted on completion of 8 years service vide Annexure-1 to the writ petition. In our opinion, the petitioner's service as Manager has to be added to his service as Addl. Superintendent (Jail) for the purpose of grant of selection grade. In M. Ramachandran v. Govind Ballabh and others. 2000(1) LBESR 90, the Supreme Court following its earlier Judgment In K. Madhavan v. Union of India and others, JT 1987 (IV) SC 43, observed:
'It will be against all rules of service jurisprudence if a Government servant holding a particular post is transferred to the same or an equivalent post in another Government department, the period of his service in the post before his transfer is not taken into consideration in computing his seniority in the transferred post. The transfer cannot wipe out his length of service in the post from which he has been transferred. It has been observed by this Court that it is a just and wholesome principle commonly applied where persons from different sources are draftedto serve In a new service thattheir pre-existing total length ofservice In the parent departmentshould be respected andpreserved by taking the same Into'account in determining theirranking in the new service cadre.'
5. In view of the abovedecisions, the petition is allowed. Therespondents are directed to grantselection grade to the petitioner fromthe date he has completed 8 years ofservice after adding his service asManager to his service as Addl.Superintendent (Jail). Any arrears willbe paid within 3 months.