Central Administrative Tribunal - Ernakulam
P.C Chandy vs Union Of India Represented By The ... on 1 October, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A. NO. 224 OF 2012
Monday , this the 01st day of October, 2012
CORAM:
HON'BLE MS.K NOORJEHAN, ADMINISTRATIVE MEMBER
P.C Chandy, aged 55 years
S/o.Varghese Chacko
Working as Assistant Accounts Officer
Nehru Yuva Kendra Sangathan
Zonal Office, Kerala Zone
Thiruvananthapuram
Residing at 'Vias, MGRA - 266,
Marapalam, Pattom P.O
Thiruvananthapuram - 695 004 - Applicant
(By Advocate Mr.R Premchand)
Versus
1. Union of India represented by the Secretary
Ministry of Youth Affairs and Sports
Govt of India, Sasthri Bhavan
New Delhi - 110 001
2. The Director General
Nehru Yuva Kendra Sangathan
2nd Floor, ore - 4, Scope Minar
Laxmi Nagar District Centre
Vikas Marg, New Delhi - 110 092
3. The Deputy Director (Personnel)
Nehru Yuva Kendra Sangathan
2nd Floor, Core - 4, Scope Minar,
Laxmi Nagar District Centre
Vikas Marg, New Delhi - 110 092
4. The Zonal Director
Nehru Yuva Kendra Sangathan
Zonal Office, Kerala Zone
Chiramukku, Manacaud P.O
Attukal, Thiruvananthapuram - 695 009 - Respondents
(By Advocate - Mr.Sunil Jacob Jose, SCGSC)
The application having been heard on 20.09.12, the Tribunal on
01.10.2012 delivered the following:
O R D E R
BY HON'BLE MS.K NOORJEHAN, ADMINISTRATIVE MEMBER
1. The applicant, the Assistant Accounts Officer, is aggrieved by the order of the respondents in giving him full time additional charge of District Youth Co-ordinator (DYC for short), Kavaratti, Lakshadweep.
2. The applicant commenced his service as Senior Accountant in 1990 and was promoted to Assistant Accounts Officer in 1998. After serving in various offices at Baroda, Lucknow and Mumbai he was transferred to Trivandrum in the year 2006. The applicant avers that out of the 16 posts of DYCs in Kerala, 9 posts are now vacant. The respondents are managing the vacancies by giving additional charges to DYC's of the nearest District. Smt.A.V Molly, Accounts clerk cum typist (ACT for short) was holding additional charge of DYC Ernakulam and Kavaratti till her retirement. Thereafter, the applicant was ordered vide Annexure A-3 & A-4 to take full time additional charge of Kavaratti from the DYC, NYK Ernakulam. As he is expected to take up the assignment at Kavaratti, the applicant contends that the term additional charge is actually a transfer in disguise. His present job as AAO is to maintain overall accounts of the zonal office, Trivandrum, supervision of the fund release and budget control of the Regional Offices and Kendras, to carry out the audit of Kendras and act as signatory to operate the bank account. The applicant is working in the said post for the past 16 years. He avers that Junior Accounts Officer is the feeder cadre for promotion to Accounts Officer. In obedience to the order of the respondents he has held additional charge of DYC, Pathanamthitta, even if he was not sure that it is legally permissible to shoulder the responsibilities of DYC and AAO. The applicant has taken up the ground that Annexures A-3 & A-4 orders have been issued to wreck personal vengeance on the applicant by the fourth respondent and not in public interest. The applicant states that even the post of Accounts Clerk cum Typist at Kavaratti is vacant and hardly any productive work can be done by the applicant if he alone works as DYC at Kavaratti. The job of DYC demands liaison with District Administration, developmental departments, NGOs, promotion of self-reliant Youth Clubs, determining training needs of Youth Club functionaries and organizing training programmes, assessment of needs and problems of various sections of youth in the district, preparation of Annual Action plan of programmes and activities, proper implementation of programmes as per Annual Action plan, monitoring and evaluation of programmes and activities, assisting Youth Clubs/NGOs in the formulation of project proposals under Schemes of Financial Assistance of Central Government Departments/Agencies etc. According to him DYC's and ACT's have ample experience in this field as he is a Group B Accounts line officer. The applicant contends that Annexure A-3 and A-4 have been issued only with some malafide intention.
3. The respondents contested the Original Application and filed reply statement. They submitted that on superannuation of Smt A.V Moly, the Administrative Officer who was holding additional charge of DYC Ernakulam and Kavaratti the applicant was ordered to take up full time additional charge of DYC Kavaratti. This has to be done in view of the large number of vacancies in the post of DYC. The respondents state that the applicant has earlier accepted the additional charge of DYC Pathanamthitta. According to them, the applicant is making frivolous allegation to avoid being transferred to Kavaratti. The decision to give him full time additional charge of DYC is taken only due to staff shortage. As far as issue of managing the work of applicant is concerned the respondents submit that his duties can be attended to by the Deputy Director and Zonal Director. In fact, according to the respondents DYC post is a promotion post of AAO and Kavaratti being a small place, can easily be managed alone by the applicant. One Shri Devarajan, ACT in the zonal office of Trivandrum was given full time additional charge of DYC Kavaratti from 2007 till his retirement on 31.05.2011. The respondents submitted that Lakshadweep is a backward area with about 100 active youth clubs associated with NYK. The presence of an officer is essential to lead the youth activities there. As there is pressure from various corners to post an officer there, the applicant was given full time additional charge of DYC, Kavaratti.
4. The applicant filed rejoinder and pointed out that the fourth respondent is inimical to him. It is borne by the fact that his pay and allowances were withheld for the period he went on medical leave. The applicant was neither allowed to join duty nor was he referred to a medical board for second opinion. He was compelled to file O.A 352/2010 for release of his withheld salary. During his medical leave, the fourth respondent suggested to the second respondent to initiate disciplinary proceedings against the applicant or to post him out of Kerala. The second respondent in fact addressed the fourth respondent vide Annexure A-1 to point out that withholding of salary was not a proper course of action adopted by the fourth respondent.
5. The applicant filed M.A 912/12 to produce Annexure A-7 and A-8 copies of the orders, whereby Administrative Officers and ACTs holding additional charge of DYCs stand reverted to their substantive posts.
6. Arguments were heard and documents perused.
7. What emerges from the above is that the third respondent is manning 50% vacancies in the post of DYC by ordering additional charge to AO, AAO and ACT for the past 3-4 years. The respondents have stated in their reply statement that the charge of DYC Kavaratti was held full time by ACT Trivandrum from 2007 till his superannuation in 2011. As per the orders of Government of India, an officer holding the same rank is given additional charge of another post for short duration without effecting any change in his headquarters. In case a junior officer is instructed to discharge the duties of a senior officer, it is treated as holding current charge. Then the officer is expected to sign as DYC-in-Charge. There is no provision to post a junior officer to hold full time additional charge of a senior post for an indefenite period. If there is an administrative exigency, the junior officer who is in the feeder cadre and in the direct line of promotion to the higher post is permitted to officiate in the higher post. When a Junior officer is posted only to discharge the current duties of the senior post it will be specifically stated that the officer concerned will hold the current charge and discharge the duties of senior officer without any extra remuneration. Therefore, when ever an officer is ordered to discharge current duties of a higher post, there is no change in the headquarters and neither is he given the pay scale which is attached to the higher post. In the usual course no officer is ordered to hold full time additional charge of another post involving change of Headquarters. The applicant has averred that he is being asked to take charge of the higher post of DYC at Kavaratti. The respondents have submitted that the accounting and audit work of the applicant will be looked after by the Deputy Director in the zonal office at Trivandrum. An Officer looking after the auditing work of the office of DYC cannot hold charge of an executive post like DYC. In fact, ACT's/AO who have held additional charge of DYC have approached this Tribunal demanding the pay scale of DYC and consequent retirement benefits on the enhanced scale. Perhaps, this may be the reason why AO/ACT holding such additional charge of DYC have been repatriated to parent post vide Annexures A-7(2) and Annexure A-8.
8. If the operational problem faced by the respondents is to man 14 posts of DYC in Kerala state when there are 9 vacancies, the best course of action open to them is to enlarge the jurisdiction of the DYC. Two adjoining districts can be converted as the jurisdiction of a single DYC. This eleminates the need for ordering AO/ACT etc who are holding lower post to hold additional charge of a higher post for long spells. I find force in the contention of the applicant that under the guise holding additional charge of DYC Kavaratti his headquarters is being shifted from Trivandrum to Kavaratti. Such allocation of additional charge is not envisaged as per the rules on the subject by Government of India. The respondents have submitted that DYC is the promotional post of AAO. The applicant was recruited as Senior Accountant and the post was later redesignated as Junior Accounts Officer. Within 8 years he was promoted as AAO. Generally his next promotion should be Accounts Officer and there is a separation of accounts cadre and executive cadre in most of the services. In the absence of recruitment rules it is not possible to verify the contention of the respondents whether AAO is in the feeder cadre for promotion to DYC.
9. In the result, the impugned orders at Annexure A-3 and Annexure A-4 are quashed and set aside. The interim order granted when the case was admitted on 14.03.12 is made absolute. O.A is allowed. No costs.
(Dated, this the 01st day of October, 2012) (K.NOORJEHAN) ADMINISTRATIVE MEMBER sv