Central Administrative Tribunal - Delhi
Dr. Rajbal Singh S/O Deep Chand vs Union Of India Through on 14 December, 2010
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH NEW DELHI Original Application No.1090/2007 Misc. Application No.1353/2008 This the 14th day of December, 2010 HONBLE SHRI JUSTICE V. K. BALI, CHAIRMAN HONBLE DR. RAMESH CHANDRA PANDA, MEMBER (A) Dr. Rajbal Singh S/O Deep Chand, R/O A-125, Prodhyogiki Apartment, Sector-3, Plot No.11, Dwarka, Delhi-75. Applicant ( By Shri Sachin Chauhan, Advocate ) Versus 1. Union of India through Secretary, Ministry of Water Resources, Shram Shakti Bhawan, New Delhi-110001. 2. Director, Central Soil & Materials Research Station, Olof Palme Marg, Hauz Khas, New Delhi. 3. Secretary, DOP&T, Ministry of Personnel, Public Grievances & Pension, North Block, New Delhi-110001. 4. Chairman, UPSC, Dholpur House, Shahjahan Road, New Delhi. 5. Mr. Murari Ratnam, Joint Director (CCD/IT), Central Soil & Materials Research Station, Olof Palme Marg, Hauz Khas, New Delhi-110016. Respondents ( By Shri H. K. Gangwani, Advocate ) O R D E R Justice V. K. Bali, Chairman:
Dr. Rajbal Singh, presently holding the post of Joint Director in the Central Soil & Materials Research Station (CSMRS), has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking a writ in the nature of certiorari so as to quash the amended recruitment rules for the post of Director, CSMRS, and in consequence of setting aside the said rules, to direct the respondents to fill up the post of Director as per original recruitment rules. In the context of the controversy as raised by the applicant, there would be no need to give facts in detail. The un-amended and amended recruitment rules would, however, need necessary mention.
2. In the un-amended recruitment rules of the year 1982, the method of recruitment specified for the post of Director, CSMRS was by way of transfer on deputation (including short term contract) from officers of Central/State Governments etc. We may reproduce part of the rules of 1982 dealing with the method of appointment on the said post, as contained in column 12, which reads as follows:
12. In case of rectt. by promotion/deputation/ transfer, grades from which promotion/deputation/ transfer to be made.
Transfer on deputation (including short-term contract): Officers under the Central, State Government/Public Sector Undertakings/ Universities/Recognised Research Institutions, Semi-Government, Autonomous or Statutory organisations.
(i) holding analogous posts; or
(ii) with two years service in posts in the scale of Rs.2000-2250 or equivalent; or
(iii) with 5 years service in posts in the scale of Rs.1800-2250 or equivalent; or
(iv) with 7 years service in posts in the scale of Rs.1500-2000 or equivalent; and
(b) Possessing the following educational qualifications and experience:
(i) Post-graduate Degree in Geo-technical engineering or allied fields from a recognised University, or equivalent.
(ii) Experience of applied Geo-mechanical research and field geotechnical problems with specific reference to country-wide major irrigation valley projects under varied geological set-up.
(Period of deputation/contract shall not exceed 5 years).
Note: for first selection under these rules, the eligibility period in (a) (iii) and (iv) above 3 years and 5 years respectively. The amended rules came into being in the year 2006. The same are known as Director, Central Soil and Materials Research Station Recruitment Rules, 2006. The post of Director is a selection post. The method of recruitment and the eligibility criteria is contained in column 12. The same reads as follows:
Promotion:
Joint Director with three years regular service in the pay scale of Rs.14300-400-18300.
Note: Where Juniors who have completed their qualifying/eligibility service are being considered for promotion, their seniors would also be considered provided they are not short of the requisite qualifying/eligibility service by more than half of such qualifying/eligibility service or two years, whichever is less, and have successfully completed their probation period for promotion to the next higher grade along with their juniors who have already completed such qualifying/eligibility service.
Deputation (Including short-term contracts): Officers under the Central/State Government/Union Territories/Public Sector Undertakings/Universities/Recognized Research Institutions/Semi-Government/Autonomous or Statutory Organization:
(a) (i) Holding analogous post on regular basis in the parent cadre/department; or
(ii) with two years service in the grade rendered after appointment thereto on a regular basis in the scale of pay of Rs.16,400-450-20,000 or equivalent in the parent cadre/department; or
(iii) With three years service in the grade rendered after appointment thereto on a regular basis in the scale of pay of Rs.14,300-400-18,300 or equivalent in the parent cadre/department; and
(b) Possessing the following educational qualifications and experiences:-
(i) Post-Graduate Degree in Geo-technical Engineering/Foundation Engineering/ Concrete Technology from a recognized University or equivalent;
(ii) 15 years research experience in the field of Geo-technical Engineering/Foundation Engineering/Concrete Technology relating to major water resources/river valley development projects.
Note: The departmental officers in the feeder category who are in direct line of promotion will not be eligible for consideration for appointment on deputation. Similarly, deputationists shall not be eligible for consideration for appointment by promotion.
Period of deputation (including short-term contract) including period of deputation (including short-term contract) in another ex-cadre post held immediately preceding this appointment in the same or some other organization/department of the Central Government shall ordinarily not exceed five years. The maximum age limit for appointment by deputation (including short-term contract) shall be not exceeding 56 (fifty-six) years as on the closing date of receipt of applications. It is admitted position that even though, the method of recruitment in the un-amended rules of 1982 may be by way of transfer on deputation, but the internal candidates, i.e., officers of the department were also to be considered. Necessity to bring about the change, as per the case set up by the respondents, arose as the departmental candidates used to apply for transfer on deputation along with other Central/State Government officers, and whenever a departmental candidate was selected, there was no provision to treat the appointment of departmental candidates if selected as on promotion. It is the case of the respondents that normally, in a composite method of recruitment for such apex level post, a provision is invariably incorporated in the recruitment rules that in case a departmental candidate is selected his appointment to the post would be treated as on promotion, and that in the absence of such a provision in the recruitment rules of 1982 for the post of Director, CSMRS, there were instances where departmental candidates who were selected and held the post, resorted to taking voluntary retirement on completion of their tenure as Director, rather than face the ignominy of reverting back as Joint Director. This, it is pleaded, created an unusual and abhorrent situation for the functionary at the helm of the organization, in case he was one selected from the CSMRS itself, and moreover, as the selection to the post of Director was made through deputation, the promotional avenues of Joint Directors were being seriously affected leaving no scope for any further promotions in the grade.
3. We find ample justification for bringing about the amendment in the rules. Surely and admittedly, by virtue of the un-amended provisions, appointment on the post of Director on deputation basis was for a fixed tenure, and, therefore, if an internal candidate was selected, who, admittedly, as mentioned above, was eligible to be considered for transfer on deputation, it was creating an anomalous situation where, if service of a person serving as Director was still left at the end of his tenure on deputation basis, he was to revert to the post of Joint Director. There is thus ample justification for bringing about the amendment in the recruitment rules.
4. We are at loss to understand as to how the applicant has been adversely affected. It appears to us that he is a sure and definite gainer by virtue of amended provisions of the rules. The amended rules provide promotion as a method of recruitment, even though by selection. It is only if the method of recruitment by promotion is to fail that the method of deputation is to be resorted to. As mentioned above, the applicant would be a clear gainer as the erstwhile competition, which was open between the departmental candidates and those from other organisations, has now been reduced to departmental candidates only. Insofar as, the method of recruitment by way of promotion is concerned, no qualifications are prescribed, and, in our view, rightly so, as also mentioned in the counter reply that the departmental candidates are already qualified as per their qualifications and experience by virtue of which they are competent to hold the post of Joint Director, which is the feeder post to that of Director. We also accept the stand taken by the respondents that as a general practice adopted in Government organisations, no educational qualification is prescribed for those officials being considered for promotion, for the reason that they already possess the requisite educational qualification in their respective entry level in Group A posts and more essentially possess a varied and vast experience of working in the organisation. We do not appreciate the contention raised by the learned counsel representing the applicant as regards prescription of qualifications for those who may come from other organisations. The same is wholly irrelevant insofar as the applicant is concerned. He would find promotion if selected simply because he has been a Joint Director with three years service in the pay scale of Rs.14300-18300. He indeed is in the said pay scale and eligible for promotion, although after having put in three years of service as Joint Director.
5. This Application is totally bereft of merits and thus dismissed, leaving, however, the parties to bear their own costs.
( Dr. Ramesh Chandra Panda ) ( V. K. Bali )
Member (A) Chairman
/as/