Central Administrative Tribunal - Delhi
All Are Working Under Chief Fire Officer vs The Chief Secretary on 5 October, 2012
Central Administrative Tribunal Principal Bench O.A.No.2862/2011 New Delhi, this the 5th day of October, 2012 Honble Shri G.George Paracken, Member (J) Honble Mrs. Manjulika Gautam, Member (A) Shri Rama Nand s/o Shri Sukhi Singh Shri Shyam Lal s/o Shri Deen Dayal All are working under Chief Fire Officer Delhi Fire Station Delhi Connaught Lane, New Delhi-110 001. Applicants (By Advocate: Sh. P.K.Sharma) Versus The Chief Secretary Govt. of NCT of Delhi Delhi Secretariat I.P.Estate New Delhi. The Principle Secretary (Home) Govt. of NCT of Delhi Delhi Secretariat I.P.Estate New Delhi. The Director Delhi Fire Services Govt. of NCT of Delhi Connaught Lane New Delhi. Respondents (By Advocate: Ms. Alka Sharma) O R D E R (Oral) By G. George Paracken, Member (J):
The grievance of the applicants in this OA is that though they were working as Telephone Operators under the Director, Delhi Fire Services, Govt. of NCT of Delhi (Respondent No.3) from 01.06.1981 and 01.07.1979 respectively, yet they have not been given a single promotion in their career so far. According to them, the next promotional post of the Telephone Operators is the post of Assistant Wireless Officer (Operational) but according to Annexure A2 - Recruitment Rules for the said post notified by the Government of NCT of Delhi on 10.12.1997, there are only 82 sanctioned posts.
2. The background of the case is that the Commissioner, Municipal Corporation of Delhi vide his letter dated 29.08.1983 sent a draft proposal to the Government of India, Ministry of Home Affairs, Directorate of Coordination (Police Wireless) for the reorganization of the Delhi Fire Service and to create Wireless and Communication System for it. According to the said proposal, from the very inception of the Delhi Fire Services, they were dependent upon the Telephone Communication System for their communication purposes. As a result, if there were any breakdown in the Telephone Communication System, in the absence of any other alternative system, they also used to suffer. To over come those problems and to increase their efficiency, a wireless communication system has already been introduced in Delhi Fire Services in the year 1961 vide Resolution No.925 and necessary staff for the same was also sanctioned vide Resolution No.617 dated 23.10.1969. At that time, the sanctioned strength of Delhi Fire Services consisted of 1 Wireless Officer, 4 Radio Technicians, 4 Workshop Assistants, 1 Battery Fitter, 6 Radio Operators and 1 Store Keeper (Wireless). The number of Wireless Sets available at that time was also just eleven. As the workload has increased from time to time, the Chief Fire Officer in his proposal for reorganization, recommended the following staff:
S.No. Name of the post No. of Post Pay Scale (Rs.)
1. Communication Officer 1 700-1300
2. Wireless Officer 3 650-1200
3. Assistant Wireless Officer 12 550-900
4. Radio Technicians 8 425-700
5. Radio Telephone Operators 96 330-480
6. Store Keeper 1 380-560
7. Storeman 1 260-480 X X X X X X X X
3. The Standing Committee of the Municipal Corporation vide Resolution No.618 recommended for acceptance of the aforesaid proposal of the Commissioner in his aforesaid letter dated 29.08.1983, and the Corporation, vide its Resolution No.570, approved it. However, as the financial position of the Delhi Fire Services was not so sound, the aforesaid staff have been decided to be brought in, in three phases/stages. In the first stage, 1 Communication Officer, 3 Wireless Officers and 96 Radio Telephone Operators were proposed to be appointed.
4. The specific grievance of the applicants is that even though 12 posts of Assistant Wireless Operators have been proposed in the reorganization programme, none of them have been sanctioned. On the other hand, vide Resolution No.570, the respondents created/sanctioned 102 posts of Radio Telephone Operators for the aforesaid Scheme. According to the existing Recruitment Rules, the Radio Operators/Radio Telephone Operators with 10 years of service are eligible for consideration for promotion to the post of Assistant Wireless Officer (Operational). However, since the number of posts of Assistant Wireless Operators has not increased from the year 1983, the Radio Telephone Operators did not have any promotional prospects.
5. The applicants, who were working as Radio Telephone Operators had earlier approached this Tribunal vide OA No.983/1995 - Mukesh Parkash & Others v. Govt. of NCT of Delhi & Others seeking pay parity with Radio Operators who were in the scale of Rs.380-580 (pre-revised) whereas they were in the lower scale of Rs.330-480/-. The Tribunal, vide its order dated 06.10.1999, held that since they were initially working as Radio Telephone Operators and they were converted to the post of Radio Operators, they were entitled to have the parity and accordingly they were also given the pay scale of Rs.380-580 w.e.f. 1984 or from the date they were converted to the post of Radio Telephone Operators, which ever is later.
6. Thereafter, the applicants approached this Tribunal once again vide OA No.1224/2003 seeking grant of 1st Financial Upgradation on the basis of the ACP Scheme introduced by the Government in the year 1999. However, the respondents took the stand that all the posts of Telephone Operators were converted as Radio Telephone Operators with the condition that they should have completed five years of regular service and since the scale of the Telephone Operators was Rs.260-400 and that of the Radio Telephone Operators was Rs.380-560, the merger of both the scales should be treated as promotion and they were not entitled for the first financial upgradation. However, their case before this Tribunal was that they were earlier working as Telephone Operators and the respondents had taken a decision on 24.02.1984 to merge the cadre of Telephone Operators with that of Radio Telephone Operators and the merger could not be treated as promotion. Therefore, they were entitled for the 1st Financial Upgradation after completion of 12 years of service and 2nd Financial Upgradation after completion of 24 years of service. This Tribunal did not agree with the respondents and held that the post of Telephone Operators, against which the applicants were working, were converted as Radio Telephone Operators and it was not a promotion because they have never undergone any rigorous of promotional procedures. Accordingly, this Tribunal allowed the OA and directed the respondents to consider them for grant of 1st Financial Upgradation in accordance with the Assured Career Progression Scheme.
7. Meanwhile, according to the applicants, the employees belonging to the post of the Sub-Officers have got four promotions, i.e., from Sub-Officer to Station Officer, Station Officer to Assistant Divisional Fire Officer, Assistant Divisional Fire Officer to Divisional Officer. As per the directions of the Honble Supreme Court, the Drivers working in the office of Respondent No.3 also got promotion as Sub-Officer with retrospective effect from 1984.
8. The applicants have, therefore, filed this OA seeking a direction to the respondents to implement the aforesaid Resolution No.570 dated 10.10.1983 read with the proposal dated 29.08.1983 and to create more posts of Assistant Wireless Officer and then to consider them for promotion to the said post from the date of their eligibility as per the relevant Recruitment Rules.
9. The respondents have filed their reply stating that this is the third round of litigation by the applicants. They have also stated that the applicants had earlier filed OA No.3397/2009 before this Tribunal seeking the same relief and it was disposed of vide Annexure A/10 dated 11.08.2010 with a direction to the respondents to consider their claim regarding their promotional avenues in accordance with their own Resolution which had not been acted upon by them. The respondents were also granted three months time to do the needful in the matter. As there was a delay in implementation of the aforesaid directions, they have filed Contempt Petition No.935/2010 in OA No.3397/2009. In the meanwhile, the respondents have issued Annexure A12 Office Order dated 14.01.2011 in implementation of the aforesaid order of this Tribunal. The relevant part of the said order reads as under:
1. The Communication Wing of the Delhi Fire Service is broadly divided into two sections namely, Wireless Section in the Fire Control Room and the rank structure that exists on date included Communication Officer, Wireless Officer, Assistant Wireless Officer followed by Radio Technicians & Store Keeper (Maintenance & Planning) in the Wireless Section and Radio Telephone Operators in the Fire Control Room.
2. The promotional avenues for the Radio Technicians included three ranks namely, Assistant Wireless Officer, Wireless Officer and the Communication Officer while the promotional avenues for the Radio Telephone Operators (the applicants) included only one rank i.e. Assistant Wireless Officer (Operations) and thus, limited career growth opportunities. It was felt that the recruitment rules for the post of Wireless Officer be amended appropriately making Assistant Wireless Officer (Operations) as part of the feeder cadre for promotion to the post of Wireless Officer thereby providing equal opportunity for consideration of the applicants along with Radio Technicians in the Wireless Wing to protect applicants right to be considered for promotion. Accordingly proposal was submitted to the Government and matter is in process.
3. The mater for the filling up of the 2 vacant posts of Assistant Wireless Officers (Operations) is concerned it is intimated that the same is under the process with the Home Department, Government of NCT of Delhi.
4. The Municipal Corporation of Delhi Resolution No.570 date 10.10.1983 and for that matter all other resolutions regulating the number of posts in various categories of staff viz. operational wing, workshop, wireless control room and others of Delhi Fire Service were duly considered and all such posts that were in operation at that time were notified vide No.F13(12)/94/H.III/193-206 dated 31.05.1995 when the administrative control of Delhi Fire Service was transferred from the Municipal Corporation of Delhi to the Government of NCT of Delhi.
5. In view of the facts noted above it may be appreciated that the order of the Honble Central Administrative Tribunal dated 11.08.2010 in OA No.3397/2009 stands complied.
10. The applicants have filed rejoinder stating that the respondents have not given any reason as to why the other phases of Resolution No.570 dated 10.10.1983 read with the proposal dated 29.08.1983 are not implemented thereby not increasing the number of posts of Assistant Wireless Officers (Operational). They have also stated that in implementation of the order of this Tribunal, the respondents have issued an Office Order dated 14.01.2011, wherein they have stated that the Recruitment Rules for the post of Wireless Officer may be amended appropriately making Assistant Wireless Officer (Operations) as part of the feeder cadre for promotion to the post of Wireless Officer. They have also stated that the respondents have deliberately not increased the posts of Assistant Wireless Officer (Operational) whereas the Standing Committee of the Government had recommended in Resolution No.570 dated 10.10.1983 read with the proposal dated 29.08.1983 that the number of Assistant Wireless Officers (Operational) shall be increased to 12 posts.
12. We have heard the learned counsel for the applicants Shri P.K.Sharma and the learned counsel for the respondents Ms. Alka Sharma. We have also gone through the pleadings on record. As submitted by the applicants, their main grievance is that the respondents have not created the 12 posts of Assistant Wireless Officers (Operational) as recommended by the Commissioner in Resolution No.570 read with the Commissioners letter dated 29.08.1983. Admittedly, they have earlier approached this Tribunal vide OA No.3397/2009 seeking the same relief. The said OA was disposed of vide Order dated 11.08.2010 with the direction to the respondents to consider the claim regarding their promotional avenues. Pursuant to the said direction, the respondents have already passed a very detailed speaking order on 14.01.2011 complying with the aforesaid direction. There is no doubt that it is a fundamental right of an employee that he should be considered for promotion and he should have sufficient promotional avenues as held by the Apex Court in A.Satyanarayana & Others v. S.Purushotham & Others, 2008 (2) SCC (L&S) 279. Again, as held by the Apex Court, in Food Corporation of India and Others v. Parashotam Das Bansal & Others, (2008) 5 SCC 100, the Assured Career Progression Scheme is not a substitute for promotion to a higher post. Admittedly, the applicants have been working as Telephone Operators, which have since been converted into Radio Telephone Operators since 01.06.1981 and 01.07.1979 respectively. The respondents have also admitted in the impugned order dated 14.01.2011 that the avenues for promotion to the posts of Radio Telephone Operators are very limited rather than there are only one rank, i.e., Assistant Wireless Officers (Operations) to which they can be promoted. Thus, the respondents are also well aware that the applicants have got very little chance of promotion in their career. Respondent No.3 has, therefore, proposed to amend the Recruitment Rules for the post of Wireless Officer appropriately making Assistant Wireless Officers (Operations) as part of the feeder cadre for promotion to the posts of Wireless Officer thereby providing equal opportunity for consideration of the applicants along with Radio Technicians in the Wireless Wing to protect applicants right to be considered for promotion. It is seen that the aforesaid proposal has already been submitted to the Government before the Order dated 14.01.2011 was passed by Respondent No.3. They have also stated in the said letter that two posts of Assistant Wireless Officers (Operations) lying vacant for long will be filled up soon. The said promises also has not been fulfilled so far. They have also stated that the Municipal Corporation of Delhi Resolution No.570 dated 10.10.1983 and, for that matter, all other resolutions regulating the number of posts in various categories of staff, namely, operational wing, workshop, wireless control room and others of Delhi Fire Service were duly considered and all such posts which were in operation at that time were notified vide letter dated 31.05.1995 when the administrative control of Delhi Fire Services was transferred from the Municipal Corporation of Delhi to the Government of NCT of Delhi.
13. In the above facts and circumstances of the case, we do not find any reason to pass any fresh order in this Original Application. Accordingly, the same is dismissed. However, it is expected that the respondents would implement the directions given by this Tribunal in the earlier OA filed by the applicants, as stated above without any further delay. There shall be no order as to costs.
(Mrs. Manjulika Gautam) (G.George Paracken) Member (A) Member (J) /nsnrgp/