Central Administrative Tribunal - Delhi
Tajender Singh vs National Human Rights Commission on 17 May, 2023
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Item No. 26 (C-3) O.A. No. 2422/2016
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A. No. 2422/2016
This the 17th day of May, 2023
Hon'ble Mr. Ashish Kalia, Member (J)
Hon'ble Dr. Anand S. Khati, Member (A)
Sh. Tajender Singh,
Aged about 50 years,
S/o. Late Ratan Singh,
R/o. 131, Mohammad Pur Govt. Colony,
R. K. Puram, New Delhi-110 066
(Presently working as MTS) ....Applicant
(By Advocate : Mr. S. K. Gupta)
VERSUS
National Human Rights Commission
Through its Secretary General,
Manav Adhikar Bhawan,
G.P.O. Complex, Block-C,
INA, New Delhi-110 023. ....Respondent
(By Advocate : Mr. Deepak Bhardwaj)
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Item No. 26 (C-3) O.A. No. 2422/2016
ORDER (ORAL)
Hon'ble Mr. Ashish Kalia, Member (J) The applicant has filed the present OA seeking the following reliefs :-
"8(i) quash and set aside the impugned order dated 10.06.2016 (Annexure A-1) with all consequential benefits;
(ii) May also pass any further order (s), direction
(s) as be deemed just and proper to meet the ends of justice ;
2. The applicant was initially promoted as MTS on 25.06.2013 on ad hoc basis. After qualifying the departmental test his services were regularized on 31.03.2015. The applicant's name was at Sl. No. 18.
3. Since the applicant was given reversion notice, he approached this Tribunal by making a detailed representation on 13/14/27.2016 annexed at page nos. 55 to 60 of the paper book. The said order of reversion dated 10.06.2016 has been challenged before this Tribunal.
3Item No. 26 (C-3) O.A. No. 2422/2016
4. Notices were issued to the respondents who put appearance and filed reply stating in paras 1, 2, 3, 4 and 5 as under :-
"1. That NHRC had a sanctioned strength of 40 LDCs in 2013. Out of these 40 LDCs, 21 were in position and 19 posts were vacant at that time.
2. That as per notified RRs of LDC, 10% posts (i.e. 04) are to be filled up by promotion failing which by direct recruitment and 90% posts (i.e.
36) are to be filled up by Direct Recruitment failing which by transfer/transfer on deputation.
At that time i.e., in 2013, the promotion quota vacancies stood filled up. A typing speed of 30 WPM in Hindi is required for appointment on direct recruitment/promotion basis.
3. Meanwhile NHRC had been assessed by the SIU, SIU had submitted its report on 30.01.2013 and same was placed before the Full Commission and duly approved by the Commission vide its meeting dated 05.06.2013 and 11.06.2013 and finally sent to Govt. on 31.07.2013. SIU had recommended abolition and creation of various posts. In the said recommendations SIU had recommended that the post of LDC may be reduced from 40 to 20. Final approval of the Govt. for reduction in the post of LDC alongwith other recommendations for creation/abolition/adjustment of various posts was received in the Commission on 12.05.2015. Guidelines of SIU report vide Govt. Order dated 20th November 1980 states that SIU report is to be implemented within a month.
4. The then Hon'ble Chairperson had accorded approval for diversion of deputation quota vacancies to promotion quota in the grade of LDC, subject to passing the typing test with the speed of 30 wpm, as per notified RRs of NHRC. As per RR probation period is two years. The relaxation by the former Chairperson for diversion of direct rectt quota vacancies to promotion quota was to 4 Item No. 26 (C-3) O.A. No. 2422/2016 redress the grievances of MIS regarding their stagnation in the post of MIS though they were granted MACP benefits and erroneous understanding that their promotion to the grade of LDC will not create any financial implications.
5. As per approval of Hon'ble Chairperson, typing test was held on 18.06.2015 but none of the LDCs had qualified. After approval of the Competent Authority order promoting them as LDC was issued on 31/03/2015. They will be on probation for a period of two years i.e., upto 29/04/2017."
5. Learned counsel for respondents added that Ministry of Home Affairs also pointed out that after implementation of SIU, promotion of 29 MTS to the grade was unjustified, pursuant to which the impugned reversion order was passed.
6. Short question raised before this Tribunal is whether reversion in view of the circumstances is justifiable or not?
7. During the course of arguments it was brought to our notice that SI Unit has opined that 19 vacant posts are likely to be surrendered/abolished to which report was submitted on 30.01.2013. It transpired during the course of arguments that certain posts were diverted by the then Chairman of NHRC. Specific affidavit was 5 Item No. 26 (C-3) O.A. No. 2422/2016 required to be filed by the department which they have filed stating therein in paras 2 to 6 as under :-
"2. As per Recruitment Rules to the post of LDC applicable at that time, 10% posts (i.e. 04 post) are to be filled up by promotion, failing which, by direct recruitment and 90% (i.e. 36) are to be filled up by Direct Recruitment failing which by transfer/transfer on deputation. At that time i.e. in 2013, the promotion quota vacancies stood exhausted. A typing speed of 30 w.p.m. in English or 25 words per minute in Hindi is required for appointment on direct recruitment/promotion basis.
3. In this regard, it is submitted that with the approval dated 26.03.2013 of the then Hon'ble Chairperson of NHRC, the vacancies of direct recruitment/ deputation quota (there were 36 posts) were diverted to promotion quota. While taking approval, it was clearly mentioned that the promotion would be subject to passing the typing test with speed of 30 wpm.
4. Accordingly, with the approval of Chairperson, NHRC initially, 19 MTS were promoted as LDC on adhoc basis w.e.f. 16.05.2013 vide Commission order dated 25.06.2013 and a panel was prepared for filling up future vacancies.
5. The written test of above 19 promoted LDCs was conducted on 12.03.2015 and consequent upon the qualifying the same, these 19 adhoc LDCs were promoted on regular basis.
6. Thereafter, 10 more MTS were also promoted as LDC w.e.f. 29.04.2015 vide Commission order dated 29.04.2015. Accordingly, total 29 LDCs were in position at that time. It is apt to mention here that, during the above promotion/ process, approval of the Govt of India on SIU recommendation was not received and matter 6 Item No. 26 (C-3) O.A. No. 2422/2016 was under consideration with Ministry of Home Affairs."
8. It is stated that written test of 19 LDCs was conducted on 12.03.2015 and on qualifying the same those 19 ad hoc LDCs were promoted on regular basis and ten more MTS were promoted as LDC on 29.04.2015 in which category the applicant falls but was reverted back because he did not pass the Typing Test. For this, the applicant's counsel submitted that written test was conducted for the benefit of the employee to get additional increment and not more than that. However, when he had not qualified the same he was not given one increment.
9. We are clear on this point that if the applicant is seeking promotion he has to undergo typing test which is directed to be conducted within a period of three months from the date of receipt of a copy of this order. If the applicant passes the said test, he shall be promoted to the post of LDC without consequential benefits as the 7 Item No. 26 (C-3) O.A. No. 2422/2016 vacancies were diverted meaning thereby that he would be allowed to work against the live vacancy.
10. With this direction the OA is partly allowed. The impugned order dated 10.06.2016 is set aside. In case any training is required to be undergone by the applicant, that may also be done.
11. The above exercise shall be completed within a period of three months from the date of receipt of a copy of the order.
There shall be no order as to costs.
(Dr. A. S. Khati) (Ashish Kalia) Member (A) Member (J) /Mbt/