Central Administrative Tribunal - Jabalpur
Indrajeet Kumar vs M/O Communications on 17 May, 2023
1 TA No.200/47/2009
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Transferred Application No.200/47/2009
(Arising out of Writ Petition No.4884/2002)
Jabalpur, this Wednesday, the 17th day of May, 2023
HON'BLE MR. JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE MR. KUMAR RAJESH CHANDRA, ADMINISTRATIVE MEMBER
Indrajeet Kumar 35 years, S/o Ramnarayan, Furnish Operator in
Galvanising Plant Telecom Factory, Richai, Jabalpur (T.No.7034), R/o
Village Shivpuri (Kajarwara) Post Temarbhita, Jabalpur.
-Applicant
(By Advocate - Shri Rajneesh Gupta)
Versus
1. The Bharat Sanchar Nigam Ltd., through the General Manager, Telecom
Factory, Richia, Jabalpur.
2. The General Manager, Telecom Factory, Richai, Jabalpur.
3. Shri Kandhilal.
4. Shri Umesh Kumar Jain, Both respondents No.3 and 4 Process
Galvaniser Skilled Grade "Senior" Telecom Factory, Richai, Jabalpur.
5. The Union of India through its Secretary, Deptt. of Telecommunication,
New Delhi.
-Respondents
(By Advocate - Shri P. Shankaran Nair)
(Date of reserving order 05.04.2023)
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2 TA No.200/47/2009
ORDER
By Akhil Kumar Srivastava, JM.-
This case was originally filed before the Hon'ble High Court of Madhya Pradesh and was registered as Writ Petition No.4884/2002. Subsequently, it has been transferred to this Tribunal and registered as Transferred Application No.47/2009 under Section 29(2) of the Administrative Tribunals Act, 1985.
2. This is the second round of litigation before this Tribunal. Earlier, this TA was dismissed by this Tribunal by order dated 08.09.2009 with liberty to the applicant to take appropriate steps in accordance with rules & law. Subsequently, vide order dated 12.09.2019 passed in WP No.2709/2012, the Hon'ble High Court of Madhya Pradesh at Jabalpur remitted the matter back to this Tribunal to decide the TA on merits. Hence, this TA.
3. Through this TA, the applicant is seeking direction to the respondents to consider him for grant of Process Galvaniser Skilled Senior Grade over and above respondents Nos.3 & 4.
4. Brief facts of the case are that the applicant was appointed as Junior Process Galvaniser in the pay scale of Rs.800-1150 (pre-revised). Thereafter, the applicant was promoted as Furnace Operator (Skilled) in the pay scale of 950-1500 w.e.f. 11.05.1996 (Annexure P-1). The Government of India, Ministry of Communication, Department of Telecommunications has issued a Page 2 of 10 3 TA No.200/47/2009 circular dated 17.07.1997 for restructuring of the industrial cadre in the Telecom Factories Organisation as per the recommendations of the Second Central Trade Review Committee (CTRC). As per the scheme, against the existing 20%, the number of posts in skilled (Senior) grade (Rs.1200-1800) would now be 30% subject to the condition that the number of posts in Highly Skilled 'B' category (Rs.1200-1800) and the upgraded skilled posts to not exceed 30% of the posts in the skilled.
4.1 The applicant submits that since both the posts of Process Galvaniser and the Furnace Operator were belonging to the skilled category prior to the restructuring of cadre, therefore, the applicant is entitled for upgradation in senior category considering the total strength of skilled employees working in the Plant. The respondents Nos.3 and 4 were promoted on the post of Process Galvaniser Skilled Grade w.e.f. 18.07.1996 (Annexure P-3). They were subsequently upgraded to the pay scale of Rs.1200-1800, i.e. Skilled Senior vide order dated 11.05.1999 and 11.06.1999 (Annexure A-4 collectively), whereas the applicant who is the senior than respondents Nos.3 & 4, being promoted w.e.f. 11.05.1996, was not given up-gradation in the pay scale of Rs.1200-1800.
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5. Reply has been filed on behalf of respondents Nos.1, 2 & 4. It has been stated by the respondents that the applicant was appointed as Junior Process Galvaniser in the semi skilled category in the pay scale of Rs.800-1150. According to the line of promotion, his next promotion is process Galvaniser (skilled senior) in the scale of Rs.950-1500/- and from this trade, his line of promotion will be the Senior Process Galvaniser (Highly Skilled Grade) in the scale of Rs.1200-1800. There is another path of channel of promotion in the Richhai Factory where Junior Process Galvaniser can also go as Furnace Operator in the skilled Senior Category at Rs.950-1500/- and from there to Senior Furnace Operator in the pay scale of Rs.1200-1800 in the Highly Skilled B cadre. The applicant chosen to appear for trade test for Furnace Operator conducted on 26.04.1996 for the scale of Rs.950-1500 in the skilled category and was declared pass in the trade test and, therefore, was promoted to Furnace Operator (skilled category) in the pay scale of Rs.950-1500 (pre- revised) on 11.05.1996, whereas respondent No.3 did not appear in the test while the respondent No.4 was declared unqualified in the test. 5.1 The next promotion of the applicant is Senior Furnace Operator (Highly Skilled B) in the scale of Rs.1200-1800 and the applicant qualified for the said post and was placed in the 6th position as per the merit list (Annexure R-1). Page 4 of 10 5 TA No.200/47/2009 Since there was only five vacancies and the applicant's position was 6th, he could not be promoted as Senior Furnace Operator.
5.2 The respondent No.3 was appointed as Junior Process Galvaniser in the semi-skilled category in the year 1992 along with the applicant. He appeared in the Trade Test for the post of Process Galvaniser (Semi Skilled) in the scale of Rs.950-1500 and declared qualified and, accordingly, he was promoted to the post of Process Galvaniser (Skilled) w.e.f. 18.07.1996. Subsequently, he appeared in Process Galvaniser Sr. in the skilled senior Grade of Rs.1200- 1800 (Pre-revised) on a test held on 28.04.1999 and was declared pass. Similarly, respondent No.4 has also qualified in the test. Since there were 6 vacancies, both the respondents Nos.3 and 4 were promoted as Senior Process Galvaniser on 16.05.1999 and due to lack of vacancy, the applicant could not be promoted. Further, the applicant as well as respondents Nos.3 and 4 belong to two different cadres.
5.3 While the initial appointment in both the category is Junior Process Galvaniser , but once the person chooses to come to the Furnace Operator cadre, he cannot go back to the Process Galvaniser cadre subsequently. The policy also do not permit any change of cadre at the juncture and therefore applicant was not promoted.
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6. The applicant has also filed rejoinder to the reply filed by the respondents Nos.1, 2 & 4. The applicant submits that he appeared in the Trade Test for the post of Highly Skilled Grade B carrying the pay scale of Rs.1200-1800, whereas the respondents Nos.3 and 4 did not appear in the test organized for grant of promotion to the post of Senior Process Galvaniser. The post of Process Galvaniser (Skilled) is merely upgraded up to 30% skilled grade and that does not cover a right to be promoted to the post of Highly Skilled Grade B due to their upgradation. The applicant was never given the benefit of upgradation under the 30% of upgradation scheme, though he was senior amongst the skilled cadre.
7. The respondents Nos.1, 2 and 4 have filed their additional return to the rejoinder filed by the applicant. It has been submitted by the respondents that as per CTRC report, Furnace Operator can only appear for the post of Sr. Furnace Operator in the Highly Skilled B in the pay scale of Rs.1200-1900. The applicant appeared for the said cadre and qualified in the same. But due to non-availability of vacancy, he was not promoted on this cadre. The respondents Nos.3 and 4 have been given promoted after qualifying the trade and following the order of CTRC.
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8. We have heard the learned counsel for the parties and perused the pleadings and the documents annexed therewith.
9. The Department of Telecommunication on 17.07.1997 (Annexure P-2) has issued an order of restructuring of the industrial cadre in the Telecom Factories Organisation, in pursuance to the recommendations of the Second Central Trade Review Committee to remove stagnation in the semi-skilled category. The same inter alia reads as under:
ORDER Subject : Restructuring of the industrial cadre in the Telecom Factories Organisation-Recommendations of the Second Central Trade Review Committee.
In continuation of this office order of even No.dated 9.2.1995, 21.2.1995, 4.1.1996, the undersigned is directed to convey the approval of the Government to the remaining recommendations of the Second Central Trade Review Committee as under :-
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2. To remove stagnation, in the semi-skilled category it has been decided to upgrade 30% posts in the semi-skilled category (Rs.800-1500) in each shop to pay scale of Rs.950-1500, term the upgraded posts as Semi-skilled (Senior) and fill them up in accordance with the usual procedure of 'Trade Test' in such cases. The Semi-skilled (Sr.) workers will also have to appear in the prescribed Trade Test to get absorbed in the skilled category.
3. Against the existing 20%, the number of posts in skilled (Senior) grade (Rs.1200-1800) would now be 30% subject to the condition that the number of posts in Highly Skilled 'B' category (Rs.1200-1800) and the upgraded skilled posts do not exceed 30% of the posts in the skilled.Page 7 of 10 8 TA No.200/47/2009
4. It has been decided to upgrade the post of Jr. Process Galvaniser at Telecom Factory, Richhai, Jabalpur to the post of process Galvaniser in skilled grade and to promote the existing Jr. Process Galvaniser having put in minimum of three years service against the upgraded posts provides they are not unfit for promotion.
xxx xxx xxx
10. It is evident that the restructuring had taken place for different categories viz; Un-skilled, Semi-skilled, Skilled, Highly Skilled. It has not been disputed by the respondents that the posts of Process Galvaniser and Furnace Operator belong to the skilled category prior to restructuring of the cadre. The applicant belongs to trade of Furnance Operator Skilled while the respondents Nos.3 and 4 belong to the trade of Process Galvaniser Skilled. It is also not in dispute that the applicant qualified in the trade test for the post of Highly Skilled Gr.
B, whereas the respondents Nos.3 and 4 did not appear in the trade test for the post of Senior Process Galvaniser (Highly Skilled B) and it is only on the basis of seniority, the respondents Nos.3 and 4 were given the pay scale of Rs.1200- 1800.
11. The respondents have tried to justify their action by stating that the applicant as well as respondents Nos.3 and 4 belong to two different cadres. However, we fail to understand as when the similarly situated persons likewise the private respondents have been given the benefit of upgradation even when Page 8 of 10 9 TA No.200/47/2009 they admittedly did not pass the requisite suitability test for the post of Senior Process Galvaniser (Highly Skilled B), how the applicant can be deprived to get the same benefit especially when he had qualified in the trade test for the post of Highly Skilled Gr. B. Once, a conscious decision has been taken by the Government as per circular dated 17.07.1997 to extend the benefit of upgradation working in the Telecom Factories, there cannot be any discrimination amongst the employees working under the same Factories. Even if the applicant had changed his position to Furnace Operator w.e.f. 11.05.1996, but still the provisions under the circular dated 17.07.1997 will be applicable to him as undisputedly the post of Furnace Operator is a skilled post and, therefore, 30% upgraded post in the skilled grade are to be counted out of the total skilled categories and not amongst the cadres.
12. Considering the entire facts and circumstances of the case, we direct the respondents to extend the benefit of circular dated 17.07.1997 in respect of the applicant also and to consider him for grant of Process Galvaniser Skilled Senior Grade w.e.f. the date when respondents Nos.3 and 4 were given the senior grade. We make it clear that the applicant shall be entitled to the benefit of cadre restructuring on notional basis for the post of Process Galvaniser Page 9 of 10 10 TA No.200/47/2009 Skilled Senior Grade through modified screening along with arrears and difference of pay. However, no interest shall be payable.
13. In the result, this Transferred Application is allowed. The respondents are directed to complete the entire exercise within a period of 120 days from the date of receipt of a copy of this order. No order as to costs.
(Kumar Rajesh Chandra) (Akhil Kumar Srivastava)
Administrative Member Judicial Member
am/-
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