Central Administrative Tribunal - Ernakulam
J.Leelamani vs Union Of India on 6 April, 2016
Author: P. Gopinath
Bench: P. Gopinath
o;? CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No.180/00285/2015
Wednesday, this the 6th day of April, 2016
CORAM:
HON'BLE Mr. JUSTICE N.K. BALAKRISHNAN, JUDICIAL MEMBER
HON'BLE Mrs. P. GOPINATH, ADMINISTRATIVE MEMBER
J.Leelamani,
W/o.K.Ravikumar,
Tradesman Mate, Material Organization,
Southern Naval Command, Cochin - 682 004.
Residing at Leela Bhavan, Palluruthy, Palluruthy P.O.,
Kochi - 682 006. . . . . Applicant
(By Advocate Mr.T.C.Govindaswamy)
Versus
1. Union of India
represented by the Secretary to the Government of India,
Ministry of Defence (Navy), South Block,
New Delhi - 110 011.
2. The Chief of the Naval Staff,
Integrated Headquarters (for P&A),
Ministry of Defence (Navy), 'C' Wing,
Sena Bhavan, New Delhi - 110 011.
3. The Flag Officer Commanding in Chief,
Headquarters Southern Naval Command,
Naval Base, Cochin - 682 004.
4. The Naval Store Officer (P&A),
Integrated Headquarters
of Ministry of Defence (Navy),
Directorate of Logistics Support, 'C' Wing,
Sena Bhavan, New Delhi - 110 011.
5. The Material Superintendent,
Material Organization,
Headquarters Southern Naval Command,
Naval Base, Cochin - 682 004. . . . . Respondents
(By Advocate Mr.N.Anilkumar,Sr.PCGC)
This application having been heard on 8th March 2016, the Tribunal on
6th April 2016 delivered the following :
ORDER
HON'BLE Ms.P.GOPINATH, ADMINISTRATIVE MEMBER The applicant, who is presently working as a Semi Skilled employee (Tradesman-Mate) under the 3rd respondent Flag Officer Commanding in Chief, Naval Base, Kochi is aggrieved by an order No.MOK/ADM/8010/12 dated 23rd May 2012 issued on behalf of the 5 th respondent, nullifying her result for consideration for promotion as Assistant Store Keeper in the Material Organization/Kochi. It is submitted that on and with effect from 1.1.2006 all the Group D scales of pay including those of unskilled and semi skilled staff, were merged together to constitute a common Pay Band of Rs.5200-20200 with a common Grade Pay of Rs.1800/-. All the posts in the unskilled and semi skilled cadre of the workshop stood merged to constitute a single cadre of semi skilled staff in PB-1 + GP of Rs.1800/-. The order of the Government of India, Ministry of Defence dated 11.7.2012 re-designated the unskilled and semi skilled workers as Multi Tasking Staff (Industrial) with retrospective effect from 1.1.2006. In fact, the Modified Assured Career Progression Scheme (MACPS) was introduced with effect from 1.9.2008. The applicant, thereby, was granted two financial upgradations under the MACP Scheme with effect from 1.9.2008. In that process, the applicant was granted PB-1 + GP of Rs.1900/- and also GP of Rs.2000/- with effect from 1.9.2008 itself. While so, applications were invited from among the Semi Skilled Labourers who had got experience in the stores work with 5 years continuous service in the grade after appointment thereto on regular basis, who are in possession of academic middle school certificate for being considered for promotion to the post of Assistant Store Keeper in PB-1 + GP Rs.1900/-. The applicants being qualified applied for the post. The 4 th respondent, by letter bearing No.SE/2445/SHS/2011 dated 5th April 2011, communicated the list of candidates eligible to appear for the departmental qualifying examination for being promoted to the post of the Assistant Store Keeper. The examination was scheduled to be held on 9.5.2011. The applicant participated in the examination and was included in the list of candidates passed. From 2006 there is no distinction between unskilled and semi skilled cadre on account of merger. The respondents published a draft seniority list of semi skilled labourers as on 31 st March 2011. In the seniority list, the 1st applicant is at Sl.No.147. It may be seen that in the remark column the applicant has been shown re-designated as Semi Skilled Labourer with effect from 1.1.2006. As a matter of fact, all those who were appointed even as Unskilled Labourers as on 1.1.2006 and thereafter, have been re-designated as Semi Skilled Labourer. Thus as per the Recruitment Rules, the applicant having more than the requisite four years' of service in the grade in the respective trade, became eligible to appear for the departmental qualifying examination for promotion to the post of Assistant Store Keeper held on 9th May 2011. The draft seniority list has not so far been modified or cancelled. Relief sought by applicant is to declare that she is entitled to be considered for promotion as Assistant Store Keeper with effect from the date of passing the examination and grant of all the consequential benefits thereof.
2. The applicant has filed M.A.No.180/00348/2015 to condone the delay of 673 days in filing the O.A. The 673 days delay in filing the O.A has not properly been explained by the applicant. The respondents have not averred on the merits of the case and have only made the above challenge on the grounds of delay.
3. Heard the counsel for the parties and considered the written submissions made. The respondents' reply only challenges the O.A on the ground of delay which is condoned. The applicant avers that the relief sought in this O.A stands covered by the order passed by the Tribunal in O.A.No.43/2012 wherein Tribunal had held as follows :
5. The contention of the applicants is that with effect from 01.01.2006, on account of merger of the posts of USL and SSL, they belong to Group-C without any distinction. The stand of the respondents is that the merger of USL and SSL has not been formalized by any order of the Ministry of Defence. The applicants stated that they have been designated as SSL with retrospective effect from 01.01.2006 in the draft seniority list of SSL as on 31.03.2011 at Annexure A-8. The respondents themselves have treated all those who are included in Annexure A-8 as SSL. The respondents have not responded to this contention. Further, the applicants have produced a copy of the order No. CP(P)/7837/VI CPC/Group D/NHQ/ US(MP)/D(N-II)/2012 dated 11.07.2012 of the Government of India Ministry of Defence, New Delhi, re-designating Group-D posts in the Navy, wherein the unskilled labourer and semi skilled worker have been re-designated as Multi Tasking Staff (Industrial) with retrospective effect from 01.01.2006. In view of the above, there is no reason for the respondents to treat the applicants as not eligible to appear for the departmental qualifying examination for promotion to the post of ASK. Hence, the O.A. is allowed as under.
6. The respondents are directed to consider the applicants for promotion to the post of Assistant Store Keeper in the light of the order of the Ministry of Defence dated 11.07.2012 re-designating Group-D posts of semi skilled worker and unskilled labourer as Multi Tasking Staff (Industrial). If they are found entitled to appear in the departmental qualifying examination for promotion to the post of Assistant Store Keeper, their performance in the qualifying examination should be evaluated and based on the results, further action as per rules should be taken within a period of 3 months from the date of receipt of a copy of this order. No costs.
4. The applicant's claim is that she is similarly placed. She was appointed as Group D on 1.9.1984 in the Naval Store Depot. The applicant was selected as Semi Skilled Labour in the year 2008 prior to promulgation of CCS (RP) Rules, 2008. The Ministry of Defence vide order dated 11.7.2012 re-designated the USL and SSL as Multi Tasking Staff (MTS) Industrial with retrospective effect from 1.1.2006. The applicant has applied for the Departmental Qualifying Examination 2012 for Semi Skilled Labourer (SSL) to the grade of Assistant Store Keeper (ASK). As per Recruitment Rules quoted in Annexure A-4 Departmental Examination Circular dated 7.2.2012 cited above the eligibility condition is as under :
Eligibility : Labour Semi Skilled who have got experience in the store work with 5 years continuous service in the grade after appointment thereto on regular basis who are in possession of academic middle school standard certificate are eligible for promotion to the post of Assistant Store Keeper.
5. Applicant contends that Ministry of Defence order dated 11.7.2012 re-designated the unskilled and semi skilled workers as Multi Tasking Staff (Industrial) with effect from 1.1.2006 and hence the experience cited in the eligibility condition should be counted from the date of above merger as the distinction between semi skilled and unskilled labourer ceased to exist from the date of merger ie. 1.1.2006. The Recruitment Rules/vacancy notification does not support this contention. Whereas SSL and USL posts were merged with effect from 1.1.2006 the statutory Recruitment Rules did not reflect the merger as on date of notification of the examination. The Recruitment Rules cited the eligibility condition as SSL who have 5 years continuous service in the grade after appointment thereto on continuous basis. Hence as per the Recruitment Rules in operation on the date of notification the applicant is expected to have 5 years experience as SSL.
The applicant in the O.A states that she was selected as SSL in the year 2008. The Departmental Examination notification is dated 7.2.2012. So as on date of notification of examination the applicant does not have 5 years experience as SSL as per statutory Recruitment Rules and hence is not eligible for appearing in the examination for being considered for the post of ASK. The requirement of experience which is one of the eligibility condition in the Recruitment Rules was not an issue before the Bench in the order passed in O.A.No.43/2012. However, taking a liberal and broad based interpretation, in view of merger of USL and SSL as Multi Tasking Staff with effect from 1.1.2006 and the fact that applicant has passed the Departmental Examination, we think it proper that the service rendered by the applicant as MTS would be sufficient to cover the short fall of 1 year and 6 B= months service as SSL. As after the said merger of the posts, the post of SSL no longer exist for the applicant to gain the required experience after the merger. This would cover the shortfall of 1 year and 6 B= months service as SSL as the applicant has sufficient experience in the re- designated and merged post of MTS. Thus the applicant is declared eligible to be promoted as ASK within two months with effect from date of promotion of her immediate junior as per Annexure A-6 declaration of Departmental Examination.
The O.A is allowed accordingly.
(Dated this the 6th day of April 2016)
(P. GOPINATH) (N.K. BALAKRISHNAN)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
asp