Central Administrative Tribunal - Delhi
All India Radio & Doordarshan Technical ... vs Union Of India & Ors Through The ... on 10 December, 2010
Central Administrative Tribunal Principal Bench OA No.2977/2010 MA No.3103/2010 New Delhi this the 10th day of December, 2010. Honble Mr. Shanker Raju, Member (J) Honble Dr. (Mrs.) Veena Chhotray, Member (A) 1. All India Radio & Doordarshan Technical Employees Association (Regd. & Recog.) by Government vide Regd No.2298/63 through its General Secretary, Kulbhushan Bhatia, S/o late Shri S.K. Bhatia, working as Engineering Assistant, Office of the Engineer Central Store Room No.443, Akashvani Bhawan, Parliament Street, New Delhi. 2. Pawan Kumar Kohli, S/o Shri R.K. Kohli, Engineering Assistant, in the office of Station Director, AIR Broadcasting House, Parliament Street, New Delhi. -Applicants (By Advocate Shri M.K. Bhardwaj) --Versus- 1. Union of India & Ors through the Secretary, Ministry of Information & Broadcasting, Govt. of India, Sansad Marg, New Delhi. 2. CEO (Chief Executive Officer), Prasar Bharti, New Delhi. 3. Director General, All India Radio, Akashvani Bhawan, Sansad Marg, New Delhi. -Respondents (By Advocate Shri Vikrant Yadav) O R D E R Honble Mr. Shanker Raju, Member (J):
Applicant through this OA has sought challenge to circular dated 12.07.2010, laying down qualifications for departmental competitive examination for promotion of Assistant Engineers against 2009-2010 vacancies and has further sought compliance of the directions issued by Ministry of Finance on 30.11.2009.
2. Heard the learned counsel of both the parties.
3. An identical issue has been raised by Praveen Kumar and others in OA No.2940/2010, where the following order has been passed by the Tribunal on 30.11.2010:
Posts of Engineering Assistant and Senior Engineering Assistant have been brought in an identical pay scale as per the recommendation of the VIth CPC w.e.f. 1.1.2006. However, in order to be a feeder category, as per the existing RRs for the post of EA, the eligibility criteria as SEA with three years service in the grade as on 1.1.2009 or SEA with 8 years regular service in the grade of SEA which the applicants do not fulfill. Accordingly, we directed on 7.9.2010 to provisionally allow the applicants to participate in the departmental competitive examination.
2. The learned counsel for the applicants states that on the basis of a committee finding under the Chairmanship of CED on 19.4.2010 wherein it has been proposed to merge the posts of EA and SEA and to abolish these two cadres on a new nomenclature of Sr. Technician and the Engineering Assistant may be deleted in the cadre review report and thereafter to consider the claim for such incumbents for further progression in service career. However, the fact is that despite placing both the cadres in an identical cadre, neither any former merger has taken place nor the RRs have undergone any change. In the present format, the RRS which governed the promotions are prescribing separate eligibility conditions for the post of SEA and E.
3. In the above view of the matter, the claim of applicants without RRs being changed, on a proposed administrative action, cannot override the RRs as per the decision of the Apex Court in Union of India Vs. K.P. Joseph, 1973 (1) SCC 194. We, however, cannot be oblivious of the right of the applicants to be considered on fair and equitable basis for promotion as a fundamental right for which we now direct respondents to finalize the merger and also the RRs in consultation with whatever authorities involved within a period of three months from the date of receipt of a copy of this order and thereafter on the basis of vacancies available, the claim of applicants for promotion through departmental competitive examination be considered. In such an event, the law shall take its own course. The OA accordingly stands disposed of. MAs stand disposed of also. No costs.
4. It is not disputed between the parties that applicant is identically situated. Accordingly, we extend to applicant benefit of the decision in OA-2940/2010 by directing that on finalization of merger and recruitment rules, as directed earlier, within a period of three months and thereafter on the basis of vacancy available, claim of applicant shall also be considered for promotion through limited departmental examination. OA and MA stand disposed of accordingly. No costs.
(Dr. Veena Chhotray) (Shanker Raju) Member (A) Member (J) San.