Central Administrative Tribunal - Gauhati
Sh Susanta Kr Mandal vs M/O Water Resources on 10 June, 2025
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CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application No. 040/00326/2018
Date of order: This, the 10th day of June 2025
HON'BLE MR. RAJNISH KUMAR RAI, JUDICIAL MEMBER
HON'BLE MR. M.L. SRIVASTAVA, ADMINISTRATIVE MEMBER
Shri Susanta Kr. Mandal
S/o Late Arjun Mandal
Driver Grade-I, Central Ground Water Board
Division-VII, Garchuk, Opposite ISBT
Guwahati-781035.
...Applicant
By Advocates: Sri M. Chanda
- Versus -
1. Union of India
Represented through the Secretary
Ministry of Water Resources
Govt. of India, Central Ground Water Board
New Delhi-110001.
2. The Director (Administrative)
Central Ground Water Board
Bhujal Bhawan, N.H-IV, Faridabad
Haryana, Pin-121001.
3. Administrative Officer
Central Ground Water Board
Ministry of Water Resources
NH-4, Faridabad, Pin - 121001.
4. The Regional Director
Central Ground Water Board
PRASANNA Digitally signed by
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North Eastern Region
Tarun Nagar, Bye-lane No. 1
Guwahati-781005.
...Respondents
By Advocates: Sri S.K. Ghosh, Addl. CGSC
Date of Hearing: 19.03.2025 Date of Order: 10.06.2025
ORDER
PER M.L. SRIVASTAVA, MEMBER (A):
The instant O.A. has been filed by the applicant seeking the following reliefs:
"8.1 That the Hon'ble Tribunal be pleased to direct the Respondents authorities to consider the promotion of the applicant to the Driver Special Grade in the light of DoPT O.M. dated 15.02.2001 with immediate effect.
8.2 That the Hon'ble Tribunal be pleased to direct the Respondents authorities to antedate promotion of the applicant to the post of Driver Grade I atleast w.e.f. 03.01.2006 of promotion of Junior Shri S.K. Dubey with all consequential benefits.
8.3 That the seniority of the applicant shall be restored above Shri S.K. Dubey junior of the applicant both in the Grade of Driver Grade II and Driver Grade I with immediate effect in the light of the order dated 27.07.2007.
8.4 That the Hon'ble Tribunal be pleased to direct the respondents to carry out the fixation of pay in the grade of Driver Grade II w.e.f. 01.08.1998 in terms of the order dated 27.07.2007.
8.5 Costs of the application.
8.6 Any other relief (s) to which the applicant is entitled as the Hon'ble Tribunal may deem fit and proper."
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2. Facts of the case of the applicant are that the applicant was appointed to the post of Driver (Ordinary Grade) on 12.08.1989 and till the filing of the instant O.A., he was working in the Office of the Regional Director, Central Ground Water Board, NER, Guwahati. He was promoted to Driver Grade II vide Office Order No. 53 of 2004 dated 19.01.2004 w.e.f. 01.08.1998. As per the Promotion Scheme of Staff Car Drivers, next avenue of promotion available to the applicant is Driver Grade I and Driver Special Grade. For promotion to the Grade of Driver Grade I, requisite eligibility period is 9 years' regular service in the Ordinary Grade and for promotion to the post of Driver Special Grade, one should have 6 years of regular service in the cadre of Driver Grade II. As per seniority list of 01.04.2001, name of applicant was at serial No. 77, whereas, name of one of his junior Sri Sunil Kr. Dubey, who was recruited in the Department on 20.12.1989 was at Serial No. 93. But in the next seniority list dated 01.02.2004, name of the applicant appeared PRASANNA Digitally signed by PRASANNA BASUMATARYBASUMATARY O.A. No.040/326/2018 4 at Sl. No. 115 and name of his junior Sri Sunil Kumar Dubey was at Sl. No. 49 and presently far ahead of the applicant in respect of seniority. As a consequence, Sri Sunil Kr. Dubey was promoted as Driver Grade I w.e.f. 03.01.2006, whereas the applicant was promoted to the post of driver Grade-I w.e.f. 12.08.2009. As such, applicant was deprived of his legitimate consideration for promotion at the due point of time to the grade of Driver Grade I on the basis of a wrong seniority list.
3. Sri M. Chanda, learned counsel for the applicant drew the attention of this Tribunal the Seniority List of Driver Grade I as on 01.01.2015, wherein junior of the applicant Sri Sunil Kumar Dubey had been placed at Serial No. 35 although he entered in service on 20.12.1989, however, name of the applicant shown at serial No. 69, where he was appointed on 12.08.1989 in the entry grade i.e. Driver Ordinary Grade. But due to accelerated promotion ignoring the case of the applicant in the cadre of Driver Grade II without any PRASANNA Digitally signed by PRASANNA BASUMATARYBASUMATARY O.A. No.040/326/2018 5 valid reasons, said Sri Dubey, junior to the applicant got promotion both in the cadre of Driver Grade II as well as Driver Grade I and also in the cadre of Driver Special Grade ahead of the applicant. Vide Order dated 17.08.2005, applicant was subsequently granted promotion to the cadre of Driver Grade II, which was affected with retrospective effect i.e. 01.08.1998; but seniority of the applicant in the Grade of Driver Grade II was not restored through subsequent seniority list although promoted effected from 01.08.1998; as a result, applicant has been deprived of his promotion from the due date, ahead of his junior Sri Sunil Kumar Dubey and accordingly, Sri Dubey was promoted as Driver Grade I on 03.01.2006; when applicant was granted benefit of promotion of Driver Grade I only w.e.f. 12.08.2009 and thereby, applicant has been discriminated in the matter of promotion. Even pay fixation has not been carried out w.e.f. 01.08.1998 in favour of the applicant as per Rules.
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4. Sri Chanda argued that immediately after noticing wrong seniority list dated 01.02.2004, applicant submitted representation on 01.02.2004 and reminders on 06.10.2004 and 28.04.2005 to redress the seniority list dated 01.02.2004. In response to the representation of the applicant, the Regional Director, Central Ground Water Board, North Eastern Region, Guwahati vide Office Memorandum dated 27.07.2007 informed the applicant as follows:
"Shri S.K. Mandal, Driver Gr. II, is hereby informed that his case for promotion for the post of Driver Gr. II was considered during the year 2002, but he was not found fit for which his name was not recommended by the DPC. Subsequently, his promotion was effected w.e.f. 01/08/1998 and his seniority fixed and issued as on 01/01/05 is in order, photocopy of CHQ's letter No. 4-41-80/89- Min. Estt/5634 is enclosed, for his information."
5. Subsequently, on 03.01.2007, applicant submitted another representation to the Director (Administration), Central Ground Water Board praying for re-fixation of his seniority in the post of Driver Grade II. Applicant again submitted representation dated PRASANNA Digitally signed by PRASANNA BASUMATARYBASUMATARY O.A. No.040/326/2018 7 06.05.2016 to the Director (Administration), Central Ground Water Board, wherein the applicant inter alia prayed for ante-dating his promotion both in the cadre of Driver Grade II as well as Driver Grade I and also prayed for retrospective promotion to the cadre of Driver Special Grade with effect from the date of promotion of his junior Shri S.K. Dubey. Applicant also prayed for benefit of financial upgradation under ACP/MACP Scheme dated 09.08.1999 as well as dated 19.05.2009 with all consequential benefits including arrear monetary benefit, but no result.
6. Sri Chanda further argued that inspite of repeated representations, case of the applicant was not considered for antedating promotion at par with his junior Sri S.K. Dubey in the cadre of Driver Ordinary Grade II, Driver Grade I and Driver Special Grade. Therefore, applicant is incurring huge financial loss each and every month while receiving salary. As cause of action is recurring in nature, moreover delay and PRASANNA Digitally signed by PRASANNA BASUMATARYBASUMATARY O.A. No.040/326/2018 8 latches in granting appropriate scale of pay in each cadre at par with his junior is a continuous wrong, Sri Chanda has relied upon the decision rendered by the Hon'ble Supreme Court in the case of M.R. Gupta Vs. Union of India and Ors. reported in (1995) 5 SCC 628.
7. Respondents have filed their written statement wherein they stated that as per Recruitment Rules of Staff Car Driver (Grade-II) in Column No. 12 of GSR No. 519 dated 20.08.2001, Trade Test for Driver (OG) is mandatory. Applicant failed in the Trade Test conducted by the Committee on 31.10.2001 and his junior Sri Sunil Kumar Dubey passed the same Trade Test and accordingly, Sri Dubey became eligible for promotion to the post of Staff Car Driver (Grade-II), whereas applicant was not eligible for promotion. On the recommendations of DPC (Group 'C') and on the approval of the competent authority, Shri Sunil Kumar Dubey and others were promoted to the post of Staff Car Driver (Grade-II) in the pay scale of Rs. 4000-100- PRASANNA Digitally signed by PRASANNA BASUMATARYBASUMATARY O.A. No.040/326/2018 9 6000/- (pre-revised) w.e.f. 01.08.1998, Sri Dubey became senior to applicant. Hence, his demand for antedating promotion along with all consequential benefits including arrear monetary benefit is totally baseless.
8. As per ACP Scheme vide DoP&T OM No. 35034/1/97-Estt. (D) dated 09.08.1999, ACP was granted to the next hierarchy of promotional post subject to fitness of Trade Test and other conditions as per Recruitment Rules of Staff Car Driver (Grade-II) and other terms and conditions of the said OM. Applicant did not pass in the Trade Test after completion of 12 years' service, hence, he was not eligible for 1st ACP. As per MACP Scheme vide DoPT OM No. 35034/3/2008-Estt. (D) dated 19.05.2009, applicant had joined Govt. Service w.e.f. 25.08.1989. Applicant had completed 20 years' service as on 25.08.2009 and he was due for 2nd MACP w.e.f. 25.08.2009 but the applicant had already got 2nd promotion to the post of Staff Car Driver (Grade- I) w.e.f. 12.08.2009 vide Office Order dated 10.08.2009. PRASANNA Digitally signed by PRASANNA BASUMATARYBASUMATARY O.A. No.040/326/2018 10 Therefore, applicant is not entitled for 2nd MACP. Applicant is eligible for 3rd MACP w.e.f. 25.08.2019. Hence his demand for all consequential benefits including arrear monetary benefit is totally baseless. Therefore, instant O.A. is totally devoid of meri.0t and is liable to be dismissed.
9. We have heard Sri M. Chanda, learned counsel for the applicant and Sri S.K. Ghosh, learned Addl. CGSC for the respondents, perused the records and documents referred to by both the parties.
10. As per the Recruitment Rules, eligibility for promotion to the post of SCD (Grade-II), is 8 years' service in the Ordinary Grade and passing of Trade Test. Thus passing of Trade Test is mandatory. Applicant claimed that he was senior to Sri Sunil Kumar Dubey and Sri Dubey was promoted before him. The respondents in their written statement exhibited that applicant failed in the mandatory trade test held in 2001 for promotion to the post of Staff Car Driver (Grade-II), therefore, he was PRASANNA Digitally signed by PRASANNA BASUMATARYBASUMATARY O.A. No.040/326/2018 11 not found fit for promotion. On the other hand, Shri Dubey had passed in the said Trade Test, and accordingly, Sri Dubey was promoted to Grade -II w.e.f. 01.08.1998 vide Order dated 10.02.2002, and accordingly Sri Dubey became senior to the applicant in Staff Car Driver (Grade-II). However, the respondents in their written statement admitted that applicant is entitled to grant of 3rd financial upgradation under MACP w.e.f. 25.08.2019. On the basis of said admission, this Tribunal vide Order dated 03.04.2023 had issued following directions to the Respondents:-
"In view of the above, the Respondents are directed to take instruction as to whether the applicant has been granted the benefit of 3rd MACP w.e.f. 25.08.2019 and his pension has been fixed accordingly or not on the next date. Further, the learned counsel for the Respondents is also directed to take instruction and to bring the Service Book of the applicant."
Learned counsel for the respondents could not enlighten us regarding compliance of the above directions and the applicant had already retired from PRASANNA Digitally signed by PRASANNA BASUMATARYBASUMATARY O.A. No.040/326/2018 12 service on attaining the age of superannuation in June 2020.
11. In view of the above categorical admission of the respondents in their written statement regarding entitlement of 3rd MACP to the applicant w.e.f. 25.08.2019 and the above direction of this Tribunal dated 03.04.2023, the respondents are directed to grant the benefit of 3rd MACP to the applicant from 25.09.2019 along with consequential arrears. Consequently, the respondents are further directed to re-fix his pension. The entire exercise shall be completed within a period of three months from the date of receipt of this order.
12. With the above observations and directions, O.A. stands disposed of with no order as to costs.
(MR. M.L. SRIVASTAVA) (MR. RAJNISH KR. RAI)
MEMBER (A) MEMBER (J)
/PB/BB/
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