Central Administrative Tribunal - Delhi
Hari Ram S/O Shri Jagdamba Prasad vs Union Of India on 2 February, 2012
Central Administrative Tribunal Principal Bench OA No.4130/2010 MA No.3097/2010 New Delhi this the 2nd day of February, 2012 Honble Mr.G.George Paracken, Member(J) Honble Dr. A.K.Mishra, Member (A) 1. Hari Ram S/o Shri Jagdamba Prasad R/o 1832, Netaji Nagar, New Delhi-110023. 2. Bilal S/o Shri Salahuddin R/o F-2022, Netaji Nagar, New Delhi-110023. 3. Arjun Chetery S/o Shri Nirpart Dutt Chetery R/o-O Block 420, Kasturba Nagar, New Delhi-110003. 4. Ajay Paswan S/o Shri Mahender Paswan R/o P-831, Sewa Nagar, New Delhi-110003. 5. Geeta Ram S/o Late Shri Satya Nand R/o C-215, Kidwai Nagar (East) New Delhi-110003. 6. Bishan Singh S/o Shri Khem Singh R/o E-206, Moti Bagh, New Delhi-110022. 7. Prem Chand S/o Late Shri Mewa Lal R/o F-2889 Netaji Nagar, New Delhi-110023. 8. Rajesh Kumar S/o Shri Rishi Pal Singh R/o 560, Netaji Nagar, New Delhi-110023. 9. Puran Chand S/o Shri Roshan Lal R/o 996 Sector 4, R.K.Puram, New Delhi-110022. 10. Milap Chand S/o Shri Viehter Singh R/o B-11, House No.E-34, Jai Vihar, Najafgarh New Delhi-110043. 11. Akhilesh Kumar S/o Shri Parshuram Singh R/o Qr.No.D-42-B Pat-2, Raj Nagar, Palam Colony, New Delhi-110045. 12. Laxman Singh S/o Late Shri Sangram Singh R/o D-498, Kidwai Nagar East New Delhi-110023. 13. Suryamani S/o Shri R.K.Nautiyal R/o D-225, Kidwai Nagar New Delhi-110023. 14. Jagdish Dass S/o Shri K.K.Dass R/o H.No.653, Kidwai Nagar New Delhi-110023. 15. Ram Tirath S/o Shri Malik Deen R/o E-361, Kidwai Nagar New Delhi-110023. 16. Surender Singh S/o Shri Chander Singh R/o C-213, Kidwai Nagar New Delhi-110023. 17. Gajadar S/o Shri Yashdhar Kanpal R/o F-2877, Neta Ji Nagar New Delhi-110023. 18. Tribhuwan Nath S/o Shri Ram Niwas R/o S-210/108, B.R.Camp, Race Course, New Delhi-110003. 19. Sriniwas Rao S/o Shri Dhan Raj R/o 412, SNCOSMESS New Delhi-110003. 20. Bharat Lal S/o Late Shri Mohan Singh R/o E-97, Moti Bagh New Delhi-110021. 21. Neeraj Singh S/o Shri Jagat Singh R/o C-213, East Kidwai Nagar New Delhi-110023. 22. Anurag S/o Shri Bihari Lal R/o 23 Akbar Road S.Q.No.7 New Delhi-110004. 23. Ravinder Kumar S/o Kikar Singh R/o H-385, Sriniwas Puri New Delhi-110023. 24. Ravinder Singh S/o Late Shri Balbeer Singh R/o D-657, Neta Ji Nagar New Delhi-110023. 25. Jaswant Singh S/o Goving Singh Bisht R/o 313, Type II Sec-2, Sadiq Nagar New Delhi-110049. 26. Ajay Kumar S/o Shri Satya Narayan R/o H,No.48, Vill Nilothi Nagloi New Delhi-110041. 27. Bharat Prasad S/o Shri Dhani Ram R/o D-671, Neta Ji Nagar New Delhi-110023. 28. Lakhi Ram S/o Late Shri Satya Nand R/o C-339, East Kidwai Nagar (East) New Delhi-110023. 29. Tarak Nath Banarjee89 S/o K.K.Banarjee R/o F-1957, Neta Ji Nagar New Delhi-110023. 30. Anurag S/o Shri Nirmal Chand Mahapatra R/o 412, A..F.Stn-Race Course, New Delhi. 31. Vinod Kumar S/o Shri Roshan Lal R/o 166/7/Air Force Station Rajokri New Delhi-110038. 32. Rakesh Kumar S/o Shri Khajan Singh R/o 170/6/AFS Rajokari New Delhi-110038. 33. Vinod Kumar Chauhan S/o Shri P.Chauhan R/o 166/5 Air Force Station New Delhi-110038. 34. Narayan Singh S/o Shri Chander Singh R/o 167/2 Air Force Station Rajokari New Delhi-110038. 35. C.Sekhar S/o Shri Tula Ram C/o Billu V.P.O. Rajokari New Delhi-110038. 36. Sukh Lal S/o Shri Itwari Lal 166 Air Force Station Rajokari New Delhi-110038. 37. Suresh Kumar S/o Shri Prem Dass R/o Near H.No.117, Shiv Ram Park, Nagloi New Delhi. 38. Raghu Nath S/o Shri Bisamber R/o Vill Asikar Gorwas 131 Rewari Haryana. 39. V.K.Bhagat S/o Shri P.Bhagat R/o 364/311, Camp Okhla PhII New Delhi-110020. 40. Pankaj Kumar S/o Shri Ganesh Prasad R/o C-186, Bhagwati Vihar, Uttam Nagar, New Delhi. 41. Madan Lal S/o Shri Kripa Ram R/o 166/1 Air Force Station Rajokari New Delhi-110038. 42. Bhawar lal S/o Shri Brij Lal C/o Bhim Singh V.P.O.Rajokari New Delhi-110038. 43. Rajender S/o Shri Tula Ram V.P.O. Asiki Gorwas Distt Rewari Haryana. 44. R.A.Yadav S/o Shri Ambika Singh Yadav R/o 167/1 Air Force Station Rajokari New Delhi-110038. 45. Param Jeet S/o Shri Dada Ram R/o A-31, Khanpur Depoo Ampartment Store New Delhi-110062. 46. Jagdish Prasad S/o Shri Bhushan Singh R/o B-283, Gali No-5, Kabir Nagar, Shahdara New Delhi-110094. 47. Gokul Dev S/o Shri Kamla Prasad R/o C.No.T-3/3 Vayu Sena Bad New Delhi 48. Devinder Singh Rawat S/o Prataap Singh Rawat R/o 11/4 Vayu Sena Bad Purna Bhawan New Delhi-110062. 49. Kishan Singh S/o Late Shri Hari Singh R/o 4/4 Vayu Sena Bad, Purna Bhawan New Delhi-110062. 50. Neelan Kajoujia S/o Late Shri Balu Ram R/o 159/B, Janta Flats Sarita Vihar Pocket M New Delhi-110076. 51. Shanti Devi W/o Jape Shavar Razak R/o T-10/1 Vayu Sena Bad Bhawan New Delhi-110062. 52. Manohar Lal S/o Late Shri Chunni Lal R/o 6/1 Vayu Sena Bad Purna Bhawan New Delhi-110062. 53. Surender Yadav S/o Shri Orif Yadav R/o T-9/6 Vayusenabad New Delhi-110062. 54. Virender Prasad S/o Shri Kedar Dutt R/o 282/5, Pushp Vihar New Delhi-110062. 55. Vinod Kumar S/o Shri Elam Chand R/o 7/6 Vayusenabad New Delhi-110062. 56. Shiv Raj Singh S/o Shri Bahadur Singh R/o P-51/15 Vayusenabad New Delhi-110062. 57. Chanderveer Singh S/o Jeet Singh R/o P-51/16 Vayusenabad New Delhi-110062. 58. Sunil Kumar S/o Shri Tika Ram R/o 1774 Seeta Bazar Mubarak Chowk Ajmeri Gate New Delhi-110006. 59. Satya Pal Singh S/o Shri Om Prakash R/o T-6/7 Vayusenabad New Delhi-110062. 60. Padmadutt S/o Shri Prem Ballabh R/o 1039/12 M.B.Road Sekat New Delhi. Applicants. (By Advocate: Shri A.K.Trivedi) versus 1. Union of India, Through its Secretary Ministry of Defence, South Block, New Delhi. 2. The Air Officer Administration Air HQs, Vayu Bhawan, New Delhi. 3. The Director PC (AFC) Air Headquarters, Vayu Bhawan, New Delhi-110106. Respondents. (By Advocate: Shri Hilal Haider) O R D E R (ORAL) Shri G.George Paracken, Member (J):
The Applicants are Civilian Cooks working under the Respondent No.3, namely, the Director PC (AFC), Air Headquarters, Vayu Bhawan, New Delhi. They have sought the following reliefs in this Original Application:-
(a) Quash/set aside the impugned order dated 31.05.2010.
(b) Direct the respondents to constitute a committee for cadre review for creation of promotional avenues for civilian Cooks in the Indian Air Force such; 3 Tier Promotion system in the same pattern like in the case of cooks working in the Indian Railways and in other departments of Government of India to improve their career prospects, and the applicants may entitle for all consequential benefits accruing therefrom.
(c) Any other relief which this Honble Tribunal may deem fit and proper in the facts and circumstances of the case.
2. They had earlier approached this Tribunal vide OA No.676/2010 and it was disposed of, vide Annexure A-8 Order dated 02.03.2010, with a direction to the Ministry of Defence to take a final decision in the matter. The aforesaid order reads as under:
This OA has been filed by as many as 60 persons who were working as Cooks in the Air Force under Ministry of Defence. It is stated by the applicants that the Cooks do not have any promotional avenues. They join and retire as a Cook, therefore, the matter regarding their promotional avenues was raised and considered in the 123rd meeting of the JCM III level council, AIR HQ on 26.02.2009 (page-30-37) wherein the matter of 3 tier promotion for Cooks was considered. In the conclusion, it was mentioned that the proposal for cadre review of civilian cooks for creation of promotional avenues as demanded has been forwarded to MOD for consideration. However, till date no final decision has been taken, therefore applicants had no other option but to file the present OA.
We have heard counsel for the applicants. Since the matter was taken up in the JCM meeting whereupon the proposal for cadre review of Civil Cooks for creation of promotional avenues had been stated to have been forwarded to the Ministry of Defence for consideration, therefore, this OA is disposed of at the admission stage itself without going into the merits of the case by directing the respondents to take a final decision in the matter, in accordance with law and inform the staff side representative who had attended the JCM meeting within a period of four months from the date of receipt of a copy of this order.
3. With the above direction, this O.A. stands disposed of. No order as to costs.
3. Pursuant to the aforesaid order, the Respondent No.3 has passed the impugned letter dated 31.05.2010 and it reads as under:-
IMPLENTATION OF THE ORDER OF THE HONBLE CAT (PB) IN OA NO.676/10 FILED BY SHIR HARI RAM & OTHERS VS. UOI.
WHEREAS, in the 122nd meeting of the JCM III Lever Council at Air HQ, Shri Geeta Ram Nautiyal, Member JCM III Level raised the issue of lack of promotional avenues for Cooks in the IAF and that it informed during the 123rd meeting of the Council that a proposal on cadre review of Cooks is being examined in consultation with Min. of Def.
AND WHEREAS the Civilian Cooks working in the Indian Air Force (IAF) had filed an Original Application No. 676/10 (MA 497/10) filed by Shri Hari Ram & Others vs. UOI in the Central Administrative Tribunal, Principal Bench, New Delhi for three tier promotion to Cooks and for final decision on the cadre review proposal.
AND WHEREAS The Honble Tribunal vide its order dated 02 March, 2010 disposed of the said OA at the admission stage itself without going into the merits of the case and directed to take final decision in the matter and to inform the Staff Side representatives who had attended the JCM Meeting within a period of four months.
AND WHEREAS, the demand for cadre review of Cooks in the IAF has been examined and it is seen that based on the recommendations of the VIth Pay Commission, the Govt. has introduced the Modified Assured Career Progression Scheme whereby three financial upgradations in the hierarchy of grade pay on completion of 10/20/30 years of service is assured for each employee who complete the stipulated years of service.
AND WHEREAS, in terms of ibid Scheme, benefits of pay fixation available at the time of regular promotion is allowed at the time of financial upgradation. Thus the Cooks in IAF, who are in Pay Band of Rs.5200-20200/- + Grade Pay of Rs.1900/- are entitled to get Grade Pay of Rs.2000/- 2400/- and 2800/- on completion of 10/20/30 years of service respectively along with one increment equal to 3% of the sum of the pay in the pay band and the existing grade pay.
AND WHEREAS, no such (three tier) promotional scheme has been introduced by the nodal department for Cooks in Central Govt. offices and therefore any cadre restructuring exclusively for Cooks in the IAF would not be feasible being against existing Govt. policy.
AND WHEREAS, the 6th CPC has also indicated that cadre review cannot be used as a tool for easing stagnation. The Commission has also recommended to de-link promotion from career progression by recommending three assured financial upgradations to each employee on completion of 10/20/30 years of service.
NOW THEREFORE, in compliance of the orders of the Honble CAT (PB) in OA No. 676/10 filed by Shri Hari Ram & Others vs. UOI, it is conveyed that the demand for cadre restructuring in the grade of Cooks is not feasible in view of the reasons brought out in the preceding paras.
4. The learned counsel for the applicants Shri A.K. Trivedi has contended that there should be 3-Tier Promotion System for the Cooks in the Indian Air Force also as in the case of Cooks in the Indian Railways and other Departments of Government of India. He has also invited our attention to para-59 of the Minutes of 123rd Meeting of the JCM III Level Council held on 26.02.2009 wherein case of the applicants has been considered and observed as under:
59. 3 Tier Promotion for Cooks An individual, recruited initially as a cook, completes his service and retires on superannuation in the grade of cook only, without any promotion. It is requested that provisions be made for 3 tier promotion of cooks, similar to other group C employees.
Conclusion The staff side was informed that the proposal for cadre review of civilian cooks for creation of promotional avenues as demanded has been forwarded to MOD consideration.
5. According to the aforesaid Minutes, it is seen that the recommendations of the JCM for the review of the cadre of Civilian Cooks for creation of promotional avenues, as demanded by the Staff Side has already been forwarded to Ministry of Defence for consideration. The learned counsel for the applicants has submitted that in spite of the above position, the Respondent No.3, namely the Director PC (AFC), Air Headquarters, Vayu Bhawan, New Delhi has issued impugned order rejecting their case.
6. We have heard the learned counsel for the parties. Admittedly, the aforesaid impugned order has been issued by the Respondent No.3 without the concurrence of the Ministry of Defence as against the decision in the JCM Meeting held on 26.02.2009 as well as the direction of this Tribunal dated 02.03.2010 passed in OA No. 676/2010.
7. In view of the above position, this OA is disposed of with direction to the competent authority in the office of the Respondent No.1 to consider the matter as per the aforesaid decision in the JCM Meeting and the direction of this Tribunal. It is seen from the Minutes of the JCM dated 26.2.2009, the proposal for the review of the cadre of Civilian Cooks for creation of promotional avenues is pending with the Ministry of Defence for over 3 years. If the proposal has not been considered and decision has not been taken so far, such inordinate delay in decision making on part of the Ministry of Defence cannot be appreciated. Just because the Applicants are working at the lowest level, it cannot be the case that these grievances do not merit due consideration within a reasonable time. Therefore, the Respondent No.1 shall take appropriate action in the matter and convey its decision to the Applicants within three months from the date of receipt of a copy of this order. The respondent no.3 shall ensure that entire case of the Applicants is once again placed before the Competent Authority as expeditiously as possible. No costs.
(Dr.A.K.Mishra) (G.George Paracken) Member (A) Member (J) /kdr/