Central Administrative Tribunal - Madras
A Baladhandayouthapani vs Ut Of Pondicherry on 8 November, 2023
1 OA/815/2014
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA No.310/00815/2014
Dated Wednesday the 08th day of November Two Thousand Twenty
Three
CORUM: HON'BLE MS. LATA BASWARAJ PATNE, MEMBER(J)
&
HON'BLE MR.VARUN SINDHU KUL KAUMUDI, MEMBER(A)
1. A. Balathandayuthapani, S/o. Appasamy.
2. N. Ulaganathan, S/o. Nagappan.
3. G. Karthigesan, S/o. Govindasamy.
4. R. Rajakumar, S/o. Rengaian.
5. V. Janakiraman, S/o. Veerappan.
6. K. Jayaraman, S/o. Kaliaperumal.
7. A. Rajakumar, S/o. Arumugam.
8. R. Nagarajan, S/o. Ramanujam.
9. K. Ramachandiran, S/o. Kaliaperumal.
10. K. Dhanasegaran, S/o. Kannan.
11. T. Sugumar, S/o. Thiagarajan.
12. P. Selvarasu, S/o. Palanisamy.
13. A. Tamilselvan, S/o. Alagarsamy.
14. T. Selvanathan, S/o. Thangavelu.
15. K. Ganesan, S/o. Kandhasamy.
16. R. Uthirapathy, S/o. Rajagopal.
17. R. Tamilvannan, S/o. Rasu.
18. K. Marimuthu, S/o. Kaliaperumal.
19. K. Sekar, S/o. Kaliamuthu.
20. R. Illango, S/o. Ramasamy
21. V. Kamaraj, S/o. Venugopal.
Working as Mazdoors, Agricultural Department,
Puducherry. ... applicants
By Advocate Mr. V. Ajayakumar
Vs
1. Union of India
Rep by the Government of Puducherry through the Secretary to Govt. For Agriculture
Chief Secretriat,
Puducherry.
2. The Director,
Department of Agriculture
Puducherry. ... respondentss
By Advocate Mr. R. Syed Mustafa
2 OA/815/2014
ORAL ORDER
(Pronounced by Hon'ble Ms. Lata Baswaraj Patne, Member(J)) Heard Mr. V. Ajayakumar for the applicants and Mr. R. Syed Mustafa for the respondents.
2. By this original application, the applicants are seeking the following relief:
" To direct the respondentss to promote the applicants to the post of Demonstration Assistant with effect from the date on which the vacancies arose with all other consequential reliefs including arrears of wages, seniority etc. and to pass such other or further orders in the interest of justice and thus render justice."
3. Brief facts of the case in nutshell are as follows:
The applicants have joined service of the respondents as Daily Rated employees on different dates from 1984 to 1987 and they were conferred with temporary status. By an order dated 06.06.2002, the service of the applicants were regularised. The applicants are presently working as Mazdoors and the next promotional avenue available to them is to the post of Demonstration Assistant. There were 45 vacancies of Demonstration Assistant which were not filled up till date in which the applicants are entitled to 24 vacancies which arose before revising the Recruitment Rules. Recently, on 22.03.2013 the 3 OA/815/2014 Recruitment Rules were revised and stated as absorption post instead of promotion post which is illegal and to avoid the applicants to get promotion. Now, the respondents are trying to take steps to fill up the vacancies by giving promotions to the juniors to the applicants. Being aggrieved, the applicants filed the OA for the above mentioned relief.
4. After notice, the respondents have entered appearance through their counsel and filed a detailed reply. It is stated by them that consequent upon the implementation of Sixth Central Pay Commission, the Recruitment Rules has been amended and notified Vide G.O.Ms.No. 16/Ag dated 22.03.2013. As per col. No. 11 of the existing Recruitment Rules, 2013, the promotion / deputation / absorption is to be made by absorption from Mazdoor basis and possessing SSLC or its equivalent. The respondents further submitted that there are only 7 posts of Demonstration Assistant lying vacant in between the period from previous recruitment dated 10.07.2007 till the notification of the existing Recruitment Rules dated 22.03.2013 accordingly the vacancies have been filled by following the seniority. Further the vacancy which arose after the new Recruitment Rules from 09.07.2013 onwards the same has been filled up by following with the new Recruitment Rules. Since the applicants does not fulfil the criteria
4 OA/815/2014 of essential educational qualification they have not been considered for the promotion and the said fact has not been disputed by the applicants. Therefore the respondents pray for dismissal of the OA.
5. Heard both sides. Perused the record.
6. The CFA strongly argues on the point that though the 24 vacancies available in the hands of the respondents which arose prior to new Recruitment Rules issued in the year 2013 and all the applicants are eligible and entitled for the promotion since they are possessing educational qualification up to 8th standard they have been denied promotion. More over when the applicants have been appointed in the service under the old Recruitment Rules which was then available, the same has to be followed in their case when they are eligible for promotion.
7. On the other hand the respondents oppose to the said argument on the ground that the Recruitment Rules for the post of Demonstration Assistant was earlier notified in G.O.Ms.No. 9/Ag Dated 10.07.2007 and the cadre strength of the post of Demonstration Assistant is 103. As per the col. No. 11 of Recruitment Rule promotion / deputation / absorption, grades from which promotion is to be made from the grade of Mazdoors appointed in the Agriculture Department who have passed 8th 5 OA/815/2014 standard and have put in 4 years of regular service in the grade. Consequent upon the implementation of Sixth Central Pay Commission, the Recruitment Rules has been amended and notified Vide G.O.Ms.No. 16/Ag dated 22.03.2013. Accordingly the 7 posts of the Demonstration Assistant lying vacant in between the period from previous Recruitment Rules dated 10.07.2007 to 22.03.2013 prior to new recruitment have been filled up by following with the seniority list among the said grade of Mazdoors. In respect of vacancies arose after the new Recruitment Rules from july 2013 onwards, the same has been filled up by following the new Recruitment Rules. The Learned Counsel for applicants has made a statement in the OA that there are 24 vacancies arose in the post of Demonstration Assistant without substantiating or without any material to support his contention.
8. The Learned Councel for respondentss is relying upon the order dated 20.05.2022 of the Hon. Apex Court reported in 2023 (3) SSC 773 (State of Himachal Pradesh Vs. Rajkumar wherein the Hon. Supreme Court has overruled the order passed in the case of YV Rangiah Vs. J Srinivasa Rao (1983 (3) SSC 284)) to the observation that the vacancies which occured prior to the amended rules could be governed by the old rules are not by the amended rules does not reflect the correct proposition of law 6 OA/815/2014 governing services under the Union and State under part XIV of the Constitution. Therefore CFR apposes the relief.
9. The Learned Counsel for the applicants, however submits that out of 21 applicants, 10 applicants retired from service. It is to be noted that the applicants belongs to Group 'D' cadre working in the organisation and have rendered a longer period of sevice as per the Recruitment Rules of 2007. All the applicants were having essential qualification of 8th standard and fulfilling the criteria for promotion. As far as the concerned vacancies which are prior to 2013 the applicants have raised the petition. In order to meet the ends of justice we are of the opinion that liberty can be granted to the applicants to submit a detailed representation along with the data to the competent authority among the respondents within two weeks from the date of receipt of the order and the said authority shall consider the same and pass an order so that the purpose of filing of the OA as well as the prayer will be meted out.
10. Hence the applicants are at liberty to submit a detailed representation with supporting documents to the competent authority among the respondentss within two weeks from the date of receipt of the order. The said authority is directed to consider the same in accordance with the rules which are made 7 OA/815/2014 applicable to the vacancies available prior to new Recruitment Rules on 2013 within three months thereafter.
11. With the above direction, OA is disposed of. No Order as to cost.
(Varun Sindhu Kul Kaumudi) (Lata Baswaraj Patne)
Member(A) Member (J)
LM 08.11.2023