Central Administrative Tribunal - Lucknow
Vivek Singh vs Union Of India on 18 September, 2024
CENTRAL ADMINISTRATIVE TRIBUNAL
LUCKNOW BENCH
Original Application No. 332/00034/2021
This, the 18th day of September, 2024
HON'BLE MR. JUSTICE ANIL KUMAR OJHA, MEMBER (J),
HON'BLE MR. PANKAJ KUMAR, MEMBER (A)
Vivek Singh, aged about 36 years, S/O K.K. Singh - R/O C-10,
Nehru Vihar near P.O. Office Kalyanpur, Vikas Nagar, Lucknow-
226001, presently working as Technical Officer- 'D' (T.O. 'D') in
Defence Research & Development Organisation (DRDO), Ministry of
Defence, Currently posted at Kanpur.
..Applicant
By Advocate: Shri Raj Deepak Chaudhary.
VERSUS
Union of India represented through:
1. The Secretary, Ministry of Defence, South Block, New Delhi-
110001.
2. The Secretary (R&D) & Director General DRDO, Room No.
531/B, DRDO Bhawan, Rajaji Marg, New Delhi- 110105.
3. The Director, Joint Cipher Bureau, DRDO, Matcalfe House
Complex, MG Road, Delhi- 110054.
4. Director, Human Resource Development/Personnel, 'B' Block,
DRDO Bhawan, Rajaji Marg, New Delhi- 110105.
.....Respondents
By Advocate: Ms. Prayagmati Gupta.
ORDER
PER HON'BLE JUSTICE ANIL KUMAR OJHA, MEMBER (J) Heard learned counsel for the applicant, learned counsel for the respondents and perused the records.
2. Applicant has prayed for the following relief(s):
"A. Issue an order or direction to the respondents to either place the applicant in the DRDS Cadre with seniority or to place the applicant in the Cadre as advertised and applied. B. Issue an order or direction to the respondents to bring out policy/rules/regulation in regard to the merger.Page 1 of 5
C. To pass any other order the Hon'ble Tribunal deems fit, just and proper in the light of the circumstances of the case.
D. Allow the application with cost."
3. Tersely put, the case of the applicant is that in pursuance of the Advertisement No. SSC/HQ/1/2009, applicant applied for the post of General Civil Service Group 'B' Non-Gazetted Post of Data Processing Assistant Grade -A (DPA-A) having Grade Pay of Rs. 4200/- in the Joint Cipher Bureau, Department of Defence (R&D), Ministry of Defence. Applicant was selected in the aforesaid examination. Government of India, Ministry of Defence Research and Development on 07.02.2012 vide letter No. 11005/REST/JCB/367/D(R&D), JCB was merged with DRDO under Department of Defence Research and Development with immediate effect. Applicant was directed to undergo medical examination for appointment to the post of Data Processing Assistant Grade-A. Applicant was issued offer letter on 28.07.2012 offering temporary appointment in the grade/post of Senior Technical Assistant-B in DRTC-B cadre in DRDO, Ministry of Defence (Gp-B Nn Gazetted post) with Grade Pay Rs. 4200/- citing the reason that all the existing posts sanctioned on the strength of JCB have been merged in the corresponding cadre/posts of DRDO. With effect from 12.07.2012, the applicant was appointed to the pot of STA -B in DRTC Cadre in DRDO. On 25.10.2012, an order was passed wherein the existing posts & cadre of the JCB was mapped and merged in the DRDO Cadres with immediate effect.
Applicant made several representations for increasing Grade Pay from Rs. 4200/- to Rs. 4600/-. Applicant was not allowed to participate in the Limited Departmental Examination. Despite representation, no action was taken.
Hence, this O.A.
4. Respondents by filing their counter affidavit have, inter-alia, stated that applicant was informed about the impending merger of JCB with DRDO vide offer letter No. 11619/CTT/JCB dated 28th June, 2012. Further stated that applicant accepted the terms and conditions of offer of appointment for the post of STA 'B' and reported for duty in JCB on 12th July, 2012. OA being devoid merits is liable to be dismissed.Page 2 of 5
5. Applicant by filing rejoinder affidavit reiterated the averments made in the Original application. Further stated that the merger of cadre has been done solely based on Grade Pay thereby doing injustice to the applicant, due to wrong mapping the applicant was forced to join a lower qualification & job responsibility of the post of STA-B in comparison to the post of DPA-A which was advertised, applied & selected and due to this wrong mapping the applciant is being denied of promotional opportunities because applicant was not allowed to sit for LDCE for promotion.
6. Learned counsel for the applicant submitted that applicant was not given option in terms of the Annexure A-4. Further argued that respondents be directed to bring out the policy /rules/regulation with regard to merger.
Learned counsel for the applicant has also relied upon the following judgment of the Hon'ble Apex Court:-
(i) S.P. Shivprasad Pipal v. Union of India and others [(1998) 4 SCC 598]
(ii) Anil Kumar Trivedi v. Deputy Director of Education VII Region Gorakhpur [2007 (3) LBESR 382] of the Hon'ble High Court, Allahabad.
(iii) State of Punjab and others v. Anita and others [2015 (2) SCC 170].
(iv) Prakash Chand Meena and others v. State of Rajasthan and others. [ 2015 (8) SCC 484]
(v) Anil Kishore Pandit v. The State of Bihar and others [2024 (3) Supreme 26].
(vi) Krishna Rai (dead) through LRS vs. Banaras Hindu University through Registrar & ors. [ 2022 (5) Supreme 668]
7. Per contra, learned counsel for the respondents strongly opposed the aforesaid submissions and argued that applicant was having open option whether to join the organization/respondent department with changed features or not. After merger, applicant has joined the services, so, applicant is not entitled to raise the issue with regard to merger. OA lacks merits and is liable to be dismissed.
8. From the perusal of the Annexure A-4, it is manifest that Department informed the terms and condition of the merger to the Page 3 of 5 applicant in unequivocal terms. Annexure A-4 is letter issued to the applicant wherein it has been specifically mentioned that in order to undertake smooth merger & to avoid any complicacies later on, it has been decided at this end that a comprehensive offer letter will be given to all the selected /recommended candidates by the commission incorporating all new service features, changed designations etc. The candidates will have open option whether to join this organization with changed feature or not.
The relevant portion of the aforesaid letter is being quoted herein below for ready reference:
"In order to undertake smooth merger & to avoid any complicacies later on, it has been decided at this end that a comprehensive offer letter will be given to all the selected /recommended candidates by the commission incorporating all new service features, changed designations etc. The candidates will have open option whether to join this organization with changed feature or not"
The above facts were communicated to the applicant through registered letter. Applicant read it and voluntarily joined the Organisation.
9. Offer of Appointment letter is Annexure A-7 wherein terms and conditions of appointment have been enumerated. Applicant accepted the terms and conditions of the offer of appointment letter and joined the Department in the year 2012. Applicant has filed this OA in the year 2021 nearly after 09 years of service. Applicant joined the service after receiving Annexure A-4 letter dated 30.09.2011 and offer of appointment letter dated 28.06.2012, Annexure A-7, hence, Principle of estoppel applies against the applicant.
10. Applicant was aware about the merger and terms & conditions of the service before accepting the offer letter of appointment, hence, applicant cannot be permitted to challenge the aforesaid merger order and terms & conditions enumerated therein.
11. The judgments cited by the learned counsel for the applicant do not apply to the facts of the present case.
Page 4 of 512. In view of the above, we are of the considered opinion that applicant accepted the offer with his open eyes and joined the service. Now applicant cannot be permitted to challenge the same. Thus, OA lacks merits and is liable to be dismissed.
13. Accordingly, OA sans merit is dismissed.
No order as to costs.
Pending MAs, if any, also stand disposed of.
(Pankaj Kumar) (Justice Anil Kumar Ojha)
Member (A) Member (J)
Jay Narayan Digitally signed by Jay
Narayan Singh
Singh Date: 2024.09.20
13:09:35 +05'30'
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