Central Administrative Tribunal - Allahabad
Ambrish Kumar Dubey vs Indian Council Of Agricultural ... on 22 May, 2023
O.A. No. 107/2022
(Reserved on 17.5.2023)
Central Administrative Tribunal, Allahabad Bench, Allahabad
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Original Application No. 107/2022
This the 22nd day of May, 2023.
Hon'ble Mr. Justice Om Prakash VII, Member (J)
Hon'ble Mr. Mohan Pyare, Member (A)
Ambrish Kumar Dubey aged about 57 years son of Shri Shikhar
Chandra Dubey, presently working as Senior Technician (T-2,
ICAR, Indian Institute of Seed Science, Mau-275103 r/o village -
Narhi, Post Banshi, District- Siddharth Nagar.
......Applicant
By Advocate: Sri Santosh Kumar Kushwaha
Versus
1. Union of India through the Secretary, Ministry of Agriculture,
Department of Agriculture research and Education, Krishi
Bhawan, New Delhi-110001.
2. The Secretary, Department of Agriculture, Research and
Education and Director General, Indian Council of Agriculture
Research, Krishi Bhawan, New Delhi-110001.
3. The Under Secretary (Crop. Science),ICAR, Krishi Bhawan, Dr.
Rajendra Prasad Road, New Delhi-110001.
4. The Deputy Secretary (Technical Services), ICAR, Krishi
Bhawan, New Delhi.
5. The Director, ICAR, Indian Institute of Seed Sciences, Post
Kushmaur, Mau-275103.
6. The Administrative Officer, ICAR, Indian Institute of Seed
Sciences, Kushmaur, Mau-275103.
7. The Director (Crop Science), ICAR, Krishi Bhawan, New Delhi.
...Respondents
By Advocate: Sri Rakesh Kumar Srivastava
ORDER
By Hon'ble Mr. Justice Om Prakash VII, Member (J) The present O.A. has been filed by the applicants for direction to quash the impugned orders dated 21.11.2019 (with letter dated 31.1.2020), 31.3.2021 (communicated through letter Page 1 of 6 O.A. No. 107/2022 dated 8.4.2021) as well as order dated 13.1.2022 with further direction to promote the applicant to the post of Technical Assistant from the date i.e. 4.8.2018 on completion of 5 years service on the post of T-2 (Senior Technician), as per Technical services Rules, with all consequential benefits viz. fixation of pay on promoted post with arrears of pay accrued thereof with 12% compound interest.
2. The facts in brief are that the applicant was initially appointed as Lab Attendant in the pay scale of Rs.800-1150 at Project Directorate for Cropping Systems Research, Meerut w.e.f. 30.12.1989 vide order dated 1.1.1990. Applicant had applied for the Technical Post i.e. Lab Technician vide application dated 15.1.2009, attaching his qualification certificate as well as working experience. The qualification of the applicant is B-Com degree with Accountancy and Statistics, Applied Economics and Finance and Business Administration. Applicant was recommended for appointment as Lab Technician. An offer of appointment was given to the applicant as Technician Staff (T-1 Lab Technician) vide memo dated 24.7.2008. Again on the basis of satisfactory service record, applicant was promoted w.e.f. 4.8.2013 to the post of Senior Technician vide order dated 19.12.2013. As per Rule 6 of Technical service Rules of ICAR, the employees with 5 years of service in Grade T-2 (Senior Technician) were eligible for consideration for promotion to the next higher Grade of T-3 (Technical Assistant) or grant of advance increments in the same grade (Maximum three) on the basis of five years assessment. As the applicant had completed 5 years of service in Grade T-2, he was considered for promotion and a committee was formed for the said promotion vide noting dated 4.8.2018. DPC convened on 20.11.2008 but not recommended the applicant for promotion. The Administrative Officer i.e. respondent No. 6 had recorded that applicant had passed his graduation with subjects of Statistics and Applied Economics, which is recognized as such, applicant was fulfilling all the requisite qualification for the promotion vide noting Page 2 of 6 O.A. No. 107/2022 dated 18.8.2018, which was approved and accepted by the Director(Appointing Authority).
3. Counter Affidavit has been filed by the learned counsel for the respondents, stating therein that at the time of appointment, applicant was possessing qualification of B.Com with compulsory subjects, Accountancy and Statistics, Applied Economics and Finance and Business Administration. It is stated that at the time of appointment of T-1, the applicant was having experience of 18 years whereas his 5 years of experience was considered equal to one year certificate for departmental selection. He was appointed as T-1 w.e.f. 4.8.2008. Applicant was allowed merit promotion as T-2 w.e.f. 4.8.2013 i.e. on completion of 5 years of service in the grade of T-1. While considering his case for further promotion to the grade of T-3 on completion of 5 years regular service in grade T-2, the assessment committee did not consider his case on the ground that he does not fulfill the required qualification for category II. The matter was examined in the council, it was observed that the applicant was appointed under Technical Service after 24.2.2006, where Bachelor degree in Commerce was not the relevant subject for appointment under functional group Laboratory Technician. Hence, his initial appointment in the technical services of ICAR was judged erroneous. It is further contended that in accordance with the circular dated 30.5.2018 if at any time, it is found that the employees are not possessing the requisite qualification required for the respective grade or are not eligible to hold that grade for any administrative reasons then they are liable to be placed in the eligible lower grade and recovery of proportionate amount of dues can be made from them by giving a show cause notice. However, in the case of applicant , respondents has taken sympathetic approach and retained him at T-2 and decided not to promote the applicant further.
4. Heard the learned counsel for the parties.
5. Submission of the learned counsel for the applicant is that applicant possess the required qualification for promotion to T-3 Grade. Two promotions have been granted to the applicant and Page 3 of 6 O.A. No. 107/2022 no objections has been raised by the respondents. It is further contended that case of the applicant was recommended by the senior officer for promotion. His application was duly forwarded by the competent authority. As per Rule 7 of Technical Service Rules of ICAR, as the applicant had already completed 5 years of service in the Grade of T-2, so he is eligible for promotion to the Grade of T-3. Learned counsel for applicant has relied on letters dated 19th August, 2016 and letter dated 19.3.2019 which clearly provides that subject opted by the applicant in B-com degree covers forr the promotion of T-3 Grade.
6. Learned counsel for respondents submitted that applicant is not eligible for further promotion as he did not possess essential qualification at the time of his initial appointment of T-1 (Laboratory Technician) in the year 2008. His appointment was erroneous and as per circular dated 30.5.2018, applicant is liable to be placed in the lower grade after giving show cause notice but department has taken sympathetic approach, not reverted the applicant on lower grade. Only he has decided not to promote the applicant further.
7. We have considered the rival submissions of the parties and have gone through the entire record.
8. It is evident from the record that applicant was appointed initially on the post of Lab Attendant after relaxing the norms. He was given first promotion on the post of Technician (T-1) and at that time, no objection was raised as has been raised at the time of third promotion. It is also evident from the record that applicant has also given 2nd promotion T-2 (Senior Technician) and by that time also, no objection has been raised. Page No. 49 of the O.A., which is the mark sheet of the applicant reveals that applicant completed B-Com degree with Accountancy and Statistics, Applied Economics and Finance and Business Administration. Observation recorded by the respondents in the impugned order that applicant does not come in the category of Social Science degree holder is not acceptable. Subject Social Science has been clarified by the letter dated 19th August, 2016 issued by Indian Council of Agriculture Research, in which it is specifically mentioned that Page 4 of 6 O.A. No. 107/2022 candidates who has completed his Graduation opting Economics, Statistics and Business Administration are also entitled for the purpose of promotion and recruitment of Technical employees in Category II and III. Word "Bachelor of Business Administration"
was deleted from letter dated 19.8.2019 by adding "Business Administration /Management vide letter dated 21.12.2016 (Page 61 of the O.A.). This fact also find support with letter dated 19.3.2019 (Annexure A-16 to the O.A.) , wherein the subject regarding "d`f'k ls laEcfU/kr lkekftd foKku" has been clarified in the following :-
i. Economics.
ii. Statics which includes all specialization of the subject
iii. Agricultural Economics
iv. Agricultural extension
v. Mathematics
vi. Operational research
vii. Sociology and Social work
viii. Home Science
ix. Computer Science
x. Mass communication
xi. Geography
xii. Business administration/ Management.
9. If the aforesaid facts are taken into consideration in the light of submissions raised across the bar, it can safely be said that applicant was given first and 2nd promotion on the post of Technician Staff (T.1, Lab Technician) and Senior Technician (T-
2), no objection was raised by that time, raising objection as disclosed in the impugned order at the time of 3rd promotion, in the eyes of law is not tenable. Applicant has served more than 34 years of service after selection. He was selected after due process of law. Selection of the applicant has not been cancelled nor any action has been taken against the erring officials, if any mistake has been committed by him/her. Perusal of the record also reveals that Senior Officers have recommended the case of applicant for 3rd promotion. Thus on close analysis of entire facts and comparing the same with the submissions raised across the bar and also the relevant particulars, disclosed in the letters and the Page 5 of 6 O.A. No. 107/2022 first notification, we are of the considered view that impugned order passed by the respondents/ competent authority is illegal.
There is no legal impediment in promoting the applicant to the post of Technical Assistant (T-3). Hence, we are of the opinion that O.A. deserves to be allowed and applicant is entitled for 3rd promotion.
10. Accordingly, O.A. is allowed. Impugned orders dated 21.11.2019, 31.3.2021 and 13.1.2022 are quashed. Respondents are directed to promote the applicant to the post of Technical Assistant w.e.f. the date 4.8.2018 i.e. on completion of 05 years service on the post of T-2 (Senior Technician) as per Rule 6 of Technical Service Rules of I.C.A.R. with all consequential benefits and pay the arrears along with 6% simple interest. This exercise shall be completed within a period of 03 months from the date of receipt of certified copy of this order.
11. There No order as to costs.
12. MAs, pending in this O.A. also stands disposed off.
(Mohan Pyare) ( Justice OM Prakash VII)
Member (A) Member (J)
HLS/-
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