Central Administrative Tribunal - Delhi
Barun Kumar vs M/O Defence on 18 May, 2023
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Item No. 43 (C-3) O.A. No. 282/2020
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A. No. 282/2020
This the 18th day of May, 2023
Hon'ble Mr. Ashish Kalia, Member (J)
Hon'ble Dr. Anand S. Khati, Member (A)
1. Barun Kumar, Stenographer-II, Group 'C,
Aged About 38 years,
s/o Govind Lal Singh,
R/o Qtr No. G, Block -79, Raja Bazar Sector-4,
Gole Market, New Delhi.
2. Ajit Kumar, Stenographer-II, Group 'C',
Aged About 35 years,
S/o Nandlal Prasad.
R/o I-332, Seva Nagar, New Delhi
3. Mahendra Nath Pal, Stenographer-II, Group C,
Aged About 33 years,
S/o Vikrama Pal,
R/o A-210, DAD Complex, Panchvati, Palam
Delhi Cantt. Delhi -110010.
4. Bidyadhar Tudu, Stenographer-II, Group 'C,
Aged About 42 years,
S/o Muchiram Tudu,
R/o QTR-1168, Sector-5, R.K. Puram,
New Delhi - 110022
5. Vinod Kumar, Stenographer-II, Group 'C,
Aged About 40 years,
S/o Brikshdeo Prasad,
R/o H.No. 170-B, D.A.D. Complex, Panchwati.
Delhi Cantt. New Delhi -110010
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Item No. 43 (C-3) O.A. No. 282/2020
6. Gyaneshwar Kumar, Stenographer-II, Gr. 'C,
Aged About 34 years,
S/o Late Sh. Ram Karan Singh,
R/o Qtr No. 314-D, PCDA Colony, Narwal, Pain,
Satwari, Jammu & Kashmir.
7. Rohit Kumar, Stenographer-II, Group C,
Aged About 36 years,
S/o Awadh Kishore Prasad,
R/o Qtr No. 1273, D.A.D, Colony, Sector -35 B,
Chandigarh
8. Shivendra Bhardwaj, Stenographer-I, Gr. 'C,
Aged About 30 years,
S/o Late Sh. Vinay Kumar Sharma,
R/o H.No. 1266, D.A.D. Colony, Sec-35B,
Chandigarh
9. Poonam, Stenographer-II, Group 'C,
Aged About 36 years,
S/o Sh. Hemant Kumar,
R/o D-14/155, Sector-08, Rohini,
New Delhi -110085
10. Ravi Kumar Rajput, Stenographer-II, Group C,
Aged About 30 years,
S/o Ashok Kumar Rajput,
R/o 4529, Shora Kothi, Main Bazar,
Pahar Ganj, New Delhi - 110055
11. Naimish Kumar, Stenographer-II, Group 'C,
Aged About 36 Years,
S/o Sh. Veerendra Kumar,
R/o A-315, Sadh Nagar, Palam,
Delhi Cantt.
12. Brijvasi Meena, Stenographer-II, Group C,
Aged About 31 Years,
S/o Sh. Ram Singh Meena,
R/o RZF-735, Gali No. 1, Raj Nagar-II,
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Item No. 43 (C-3) O.A. No. 282/2020
Palam Colony, New Delhi-110070
13. Manish Kumar, Stenographer-II, Group 'C,
Aged About 39 Years,
S/o Sh. Lakshman Singh,
R/o WZ-811, Room No. 22, 1st Floor,
Naraina Village, Ring Road,
Delhi-110028
14. Gunjan Kumar, Stenographer-II, Group C,
Aged About 34 Years,
S/o Sh. Krishna Mohan Prasad,
R/o 1471, Sec-35B,
Chandigarh-160022
15. Satyendra Kumar, Stenographer-II, Group C,
Aged About 37 Years,
S/o Sh. Vijay Kumar Prasad,
R/o B-174, Panchwati Colony,
Delhi Cantt.-110010. ....Applicants
(By Advocate : Mr. M. K. Bhardwaj)
Versus
1. Union of India,
through its Secretary,
Ministry of Defence,
South Block, New Delhi
2. The Controller General of Defence Accounts,
Office of the CGDA, Ulan Batar Road,
Palam, Delhi Cantt., New Delhi
3. The Secretary,
DOP&T, North Block, New Delhi ....Respondents
(By Advocate : Mr. Rajeev Kumar)
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Item No. 43 (C-3) O.A. No. 282/2020
ORDER (ORAL)
Hon'ble Mr. Ashish Kalia, Member (J) The applicants have filed this OA seeking the following main reliefs :-
"8(i) To direct the respondent to re-designate the applicants as Stenographer Grade-I as per order dated 03.06.2010 & 01.06.2015 and grant all consequential benefits.
(ii) To treat the applicants as Stenographer Grade-I from 2015 or any other appropriate date and direct the respondents to grant all consequential benefits including salary in the grade pay of Rs. 4200.
iii) To declare the action of respondents in not treating the applicants as Stenographer Grade-I on merger of post of Stenographer Grade-II & Stenographer Grade-I as illegal and issue appropriate directions to treat the applicants as Stenographer Grade-I for all purposes. OR
iv) To direct the respondents to consider the claim of applicants for promotion to the post of Stenographer Grade-I on completion of 5 years of regular service as Stenographer Grade-II as per existing statutory RRs of 1971 as amended time to time and grant promotion to all the applicants to the said post of Stenographer Grade-I with all consequential benefits including arrears of pay.
v) To direct the respondents to promote the applicants as Stenographer Grade-I from the date of completion of 5 years of service with all consequential benefits including arrears of pay and interest thereon.
vi) To allow the OA with costs.5
Item No. 43 (C-3) O.A. No. 282/2020
vii) Any other reliefs as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case to meet the ends of justice."
2. Brief facts of the case are that the applicants were appointed as Grade II pursuant to the Staff Selection Commission examination conducted for the post of Steno Grade 'C' and 'D' and they were appointed in different dates between 04.05.2010 to 04.09.2013.
3. Some time in 2010 to 2015 the respondents issued order of merger and re-designated the Steno Grade II as Grade-I after recommendation for abolition of Steno Grade III post. The post of Steno Grade II and I were merged together on the recommendations of 6th CPC, which recommendations were accepted by the respondents and the post of Steno Grade II and I were merged and re-designated as Steno Grade I. Accordingly, all the departments have issued consequential orders. However, the respondents did not re-designate the applicants as Steno Grade-I nor considered them for promotion to the aforesaid post of Steno Grade I. 6 Item No. 43 (C-3) O.A. No. 282/2020
4. As per learned counsel for the applicants, the batch mates of the applicants in other departments, on completion of five years of service have become Steno Grade I. The applicants are working in the department of Controller General of Defence Accounts (CGDA) whereas their batch mates were appointed in Income Tax and various other Central Government departments, and they have been given pay scale of Grade I.
5. Feeling aggrieved, they have made a representation by referring DoP&T O.M dated 08.05.2018 wherein it has been provided that the Recruitment Rules are statutory in nature and all promotions are required to be made as per the provisions in the RRs but is of no avail. Hence, the applicant fled the present OA.
6. Notices were issued to the respondents who put appearance and filed a detailed reply. Mr. Rajeev Kumar, learned counsel has drawn our attention to para 4.4 wherein it is stated as under :-
"Para 4.4. It is submitted all the Applicants were initially appointed in the Respondent Department as Stenographer Grade-III and at the time of 7 Item No. 43 (C-3) O.A. No. 282/2020 merger/re-designation of Stenographer all were still holding the post of Stenographer-III Therefore, they had been re-designated as Stenographer-II. Further, only those employees who were holding the post of Stenographer Grade-II at the time of issue of merger order were re-designated and placed as Stenographer Grade-I in the pay Scale (Rs. 9300-34800) in Pay Band-II with Grade Pay of Rs 4200.
It is stated that promotion of Stenographer Grade-II to the post of Stenographer Grade-I are being released from the year 2012 onwards based on the DoP&T OM dated 24.03.2009 (Annexure:
R-3) taking into account ten years qualifying service in the grade. However none of the Applicants fulfil the requisite eligibility service for promotion to the grade of Stenographer Grade-I. Further the Applicants have not produced any documentary evidence to substantiate their contention regarding promotion of their batch mates in the grade of Stenographer-1 in other Department/Ministries within 5 years of service. In this context it is pertinent to mention that C&AG and Central Board of Excise and Customs, Department of Revenue are also issuing promotion of Stenographer-II to the post of Stenographer I after completion of requisite service of 10 year. The copies of Recruitment Rules of Stenographer-I in respect of C&AG notified vide G.S.R 250 dated 04.08.2017 (Annexure : R-4) and Central Board of Excise and Customs, Deptt. of Revenue notified vide G.S.R 727(E) dated 21.09.2015 Annexure : R-5) are enclosed in support. Further comparing of promotional avenues with other department/organization is not tenable since each department has their own organisational set-up based on work-load, cadre strength etc.
7. In this regard, respondents submitted that post of Steno Grade I after completion of 10 years of service can 8 Item No. 43 (C-3) O.A. No. 282/2020 be considered for the same which is depicted in paras 4.5 and 4.6 of the reply and the same reads as under :-
Para 4.5. It is submitted that the contentions and grounds raised by the Applicants are not tenable as they were appointed under the provisions contained in the Recruitment Rules for the post of erstwhile Stenographer Grade III (now Stenographer Grade-II) notified vide S.R.O 370 dated 29.12.1989 (Annexure: R-6). Further, Recruitment Rules of Stenographer notified in 1971 are presently no more in force and thus seeking benefit/shelter for the provisions contained therein is not tenable. It is also pertinent to mention that contention of the Applicants for applying the provision of Recruitment Rules-1971 is also not acceptable keeping in view of the various changes in the hierarchy of the stenographic cadre viz Steno-I, Steno-II, Private Secretary, Senior Private Secretary and Personal Private Secretary of the Department from time to time.
Para 4.6 It is submitted that amendment to Recruitment in the Stenographer cadre was initiated by the Respondents in terms of the model RRs and guidelines issued by the DoP&T. The DoP&T OM NO. AB.1-4017/61/2008-Estt. (RR) dated 24.03.2009 stipulates the minimum qualifying services for promotion from one post to another with reference to the Grade Pay of the promotional post. The minimum qualifying service for consideration of promotion from GP of 2400/-
(i.e., Stenographer-II) to posts with GP of 4200/- (i.e., Stenographer-1) was 10 years. Further, the model RRs to various posts in Stenographer cadre (including the post of Stenographer Grade II, Grade-1 and PS) was also circulated by DOPT vide OM No. AB/14017/8/2010-Estt (RR) dated 24.01.2011(Annexure: R-7). In the said Model RRS of Stenographer-I post in non-Secretariat Organization the minimum qualifying service of 10 years was required for promotion in the grade of Stenographer-1. Accordingly, the proposal for amendment in the RRs of Stenographer cadre was 9 Item No. 43 (C-3) O.A. No. 282/2020 forwarded to the Nodal Ministry for approval. The Recruitment Rules for the post of re-designated Steno Grade-II was approved vide SRO 33 dated 06.05.2011 (Annexure : R- 8). However, the draft RRs for the post of Steno-I was returned unactioned by DOP&T on the grounds that the amendment to the RRS for Steno- I be carried out after cadre restructuring of Stenographic grade. As such, the framing of RRs for the post of Steno- I is still under process. However the promotion of Stenographer Grade-II (erstwhile Stenographer Grade-III) is being released from the year 2012 onwards taking into cognizance the provisions contained in the DOP&T OMs dated 24.03.2009 and dated 24.01.2011. The grounds for consideration of the promotion of the Applicants on completion of 5 years of service cannot be acceptable and hence, denied."
8. In nutshell they prayed for dismissal of the OA.
9. Heard Mr. M. K. Bhardwaj, learned counsel for the applicants and Mr. Rajeev Kumar, learned counsel for the respondents at length, perused the records and considered the rule position.
10. Rejoinder thereto has also been filed wherein the applicants relied upon the OA No. 1124/2005. The relevant para reads as under :-
"15. We are of the considered view that till the Recruitment Rules of 1978 is amended. UPSC recommendations and decision of the Govt. in terms of the UPSC recommendations being contrary to the existing Recruitment Rules of 1978 could not override, being an administrative 10 Item No. 43 (C-3) O.A. No. 282/2020 instructions, the statutory rules framed under Article 309 of the Constitution of India. Accordingly, for consideration of promotion, the eligibility of the applicants for promotion to the post of Assistant Engineer of three year's regular service from the cut off date i.e., 19.07.1999 is obliged upon the respondents.
16. In the result, for the foregoing reasons, O.A is partly allowed. Respondents are directed to consider the case of the applicants for promotion to the post of Assistant Engineer (Civil) by holding a Review DPC, is eligible persons have been left out, applying the eligibility criteria (three years of regular service in the grade of Junior Engineer. In the event of promotion, applicants would be entitled to all consequential benefits. No costs."
11. The short issue raised is whether the applicants are entitled to be promoted to Grade I on completion of 5/10 years or not?
12. As per earlier recruitment rules, the hierarchy was Steno Grade III, II and I for which five years service was necessitated to be got promoted to the next higher post. However, since merger took place and Steno Grade III post has been abolished after 01.01.2006 when the 6th CPC gave its recommendations by upgrading their grade from III to I. 11 Item No. 43 (C-3) O.A. No. 282/2020
13. The respondents did not act upon the Central Government Pay Commission. It is not clear whether stenographers have been recommended as Grade II or not? It is the say of the respondents that they are yet to become grade II, and then only they will be considered as Grade I in the post.
14. We are of the considered view that this OA is filed some time in 2020. By this time, the applicants must have been completed 10 years of service. The respondents are bound to consider the case of the applicants for re-designation after merger and if they are eligible they may be considered for Grade I as per the revised guidelines issued in this regard and as per the rules applicable in this regard.
15. The above exercise shall be completed within a period of four months from the date of receipt of a certified copy of this order.
16. At this stage, learned counsel though made an averment that he has not substantiated referring to a 12 Item No. 43 (C-3) O.A. No. 282/2020 particular case. However, in our view, mere averment is not sufficient to decide in favour of the applicant.
17. The OA stands disposed of with the above direction.
There shall be no order as to costs.
(Dr. Anand S. Khati) (Ashish Kalia) Member (A) Member (J) /Mbt/