Central Administrative Tribunal - Bangalore
Bhisaji V Dalvi vs M/O Defence on 12 September, 2023
1
OA.No.170/112/2021/CAT/Bangalore Bench
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00112/2021
DATED THIS THE 12TH DAY OF SEPTEMBER, 2023
CORAM:
HON'BLE MS. JUSTICE S. SUJATHA, MEMBER (J)
HON'BLE SHRI RAKESH KUMAR GUPTA, MEMBER (A)
Bhisaji V Dalvi,
S/o Vishnu B Dalvi,
Aged about 35 years,
Working as Senior Scientific Assistant,
DGAQA, Jalahalli Camp Road,
Yeshwanthpur PO,
Bangalore-560 022. ..Applicant.
(By Advocate Shri B.S. Venkatesh Kumar)
Vs.
1.Union of India represented by
Secretary to Government,
Ministry of Defence,
DHQ PO, New Delhi-110 011.
2. The Director General of Aeronautical
Quality Assurance,
Ministry of Defence,
H Block, New Delhi-110 011.
3. ALISDA,
Directorate General of Aeronautical
Quality Assurance,
Ministry of Defence,
Jalahalli Camp Road,
Yeshwanthpur Post,
Bangalore-560 022. ....Respondents
(By Shri S. Sugumaran, Sr. Panel Counsel)
2
OA.No.170/112/2021/CAT/Bangalore Bench
O R D E R (ORAL)
PER: RAKESH KUMAR GUPTA, MEMBER (A)
1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
a) To quash and set aside the impugned communication bearing F.No.4175/DPC/SSA(G)/DGAQA/Adm.I dated 30.9.2020 (Annexure A-1), passed by 2nd respondent, vide which the representation made by the applicant dated 14.6.2019 to consider conducting Review DPC for granting promotion to SSA from the date of occurrence of vacancy and based on eligibility conditions prescribed in the revised Recruitment Rules, has been rejected.
b) Direct the respondents to reconsider the representations submitted by the applicant in the light of DOPT OM dated 31.12.2010 and to promote him to the post of Senior Scientific Assistant (G) from 31.12.2015 by convening a review DPC, if need be, and further direct the respondents to extend all consequential benefits flowing from such promotion.
c) Grant such other order/s as this Tribunal deems fit to grant in the circumstances including an order as to costs of this application.
2. The facts of the case as averred by the applicant in his pleadings, are as follows:
a) The applicant was appointed to the post of Junior Scientific Assistant Grade (Electrical) on 7.6.2012. The post carried the pay scale of 3 OA.No.170/112/2021/CAT/Bangalore Bench Rs.9300-34800 in Pay Band 2 with grade pay of Rs 4200. The post of Junior Scientific Assistant Grade I (Electrical) is re-designated as Scientific Assistant. The next avenue of promotion for the applicant is to the post of Senior Scientific Assistant (Lower Scale).
b) The SRO 57 published in the Gazette of India on 24.4.2004 have the recruitment rules for the post of Senior Scientific Assistant (Lower Scale) which carried pay scale of Rs.6500-200-10500 in the V CPC dispensation. As per these rules, the post of SSA was to be filled up 90% by direct recruitment and 10% by promotion failing which direct recruitment. The rules further prescribed in column 12 that for promotion, the required service was three years in the grade of Junior Scientific Assistant in the scale of Rs.5500- 9000 with three years' service. These rules held the field till they were amended.
c) The respondents amended the recruitment rules on 12.8.2015 which came to be published in the Gazette of India weekly dated December 13- December 19, 2015. The revised rules provided for recruitment 91% by direct recruitment and 9% by promotion from amongst the Scientific Assistants in the Pay Band 2 with grade pay of Rs.4200 with five years of service.
d) The post of Senior Scientific Assistant was later merged with Senior Scientific Assistant (Highly Skilled) pursuant to VI CPC recommendations and the merged post was designated as Senior Scientific Assistant (G). However, the recruitment rules of SSA (G) and promotion criteria remained unchanged.4
OA.No.170/112/2021/CAT/Bangalore Bench
e) The applicant completed three years' service on 6.6.2015 and as per the existing RRs he was eligible for promotion. Before his case for promotion could be considered, the amended recruitment rules as per Annexure A4, came into effect from December 2015. Since the applicant had not completed five years' service as per the amended rules, his case does not appear to have been considered.
f) At the relevant point of time there were seven Scientific Assistants in place. As per the seniority list the applicant was at SI.No.7. In the DPC held for considering promotion of eligible officials, six persons out of the seven in the seniority list were empanelled. The second respondent issued two communications dated 31.12.2015 publishing the panel for promotion of persons to the grade of SSA and another according promotion to the six officials. The copies of these two communications are respectively at Annexure A5 and A6. The applicant alone was left out because he did not possess the requisite five years' service as provided under the revised recruitment rules.
g) DOPT has issued OM dated 31.12.2010 notifying revision of guidelines for framing/amendment/relaxation of RRs and a copy of the OM with the extract relating to retention of existing eligibility service is produced and marked as Annexure A7. Para 3.1.3 of the said guidelines mandates that "where the eligibility service for promotion prescribed is being enhanced which is likely to affect adversely some persons holding the feeder grade posts on regular basis, a note to the effect that the eligibility service shall continue to be the same on the 5 OA.No.170/112/2021/CAT/Bangalore Bench date of notification of the revised rules, could be included in the revised rules". The respondents have not incorporated this important mandate in the revised amended rules. As a result of this, the applicant's case was not considered and he was not promoted. Had this DOPT guidelines been mentioned in the revised RRs, the applicant would also have been considered by the DPC and promoted.
h) The applicant submitted a representation addressed to the second respondent on 21.7.2016 with a request that his case be considered for promotion by taking into account the DOPT guidelines or in the alternative relax the eligibility criteria in accordance with the RRs and he be promoted. The applicant submitted another representation on 11.4.2018 reiterating the prayer made in his earlier representation. The said representation was forwarded by his controlling officer to the second respondent on 12.4.2018. In spite of the same and in spite of the fact that the matter was brought to the notice of second respondent personally during the visit to Nasik nothing fruitful resulted.
i) The applicant had been transferred to third respondent office at Bangalore. During the visit of Director (HR) on 21.5.2019, the grievance of the applicant was brought to his notice and he directed to send the representation again, so that a decision is taken in the matter. Accordingly the applicant sent one more representation on 14.6.2019 through proper channel, which was duly forwarded on 14.6.2019. Now after more than one year three months, the impugned communication has been sent to the applicant declining his request. 6
OA.No.170/112/2021/CAT/Bangalore Bench
3. The respondents have filed their written statement wherein they have averred as follows:
a) The Scientific cadre of Directorate General of Aeronautical Quality Assurance (DGAQA) under Department of Defence Production, Ministry of Defence was existing in the following grade structure prior to 1.1.2006:
Srl. Name of Post Scale of pay Classification of
No. (as per 5th CPC) the post
1 Senior Scientific Assistant (Higher Rs.7450-11500 Group 'B'
Scale) {SSA(HS)} Gazetted
2 Senior Scientific Assistant (Lower Rs.6500-10500 Group 'B' Non-
Scale) {SSA(LS)} Gazetted
3 Junior Scientific Assistant Grade-I Rs.5500-9000 Group 'B' Non-
(JSA-I) Gazetted
4 Junior Scientific Assistant Grade-II Rs.5000-8000 Group 'C' Non-
(JSA-II) Gazetted
b) As per the Govt. of India letter No. 4875/3VI CPC/DGAQA/Admin-
I/1122/D (HAL-III) dated 5th November 2009 issued in pursuance to the recommendations of the 6th Central Pay Commission (CPC), the post of SSA(LS) in pre-revised scale of pay of Rs.6500-10500 (corresponding to G.P. Rs.4200 in the 6th CPC scale of pay) was upgraded to the scale of pay of Rs.7450-11500 and merged with the post of SSA(HS) into a single Grade Pay of Rs.4600 retrospectively w.e.f. 1.1.2006 and re-designated as Senior Scientific Assistant (Gazetted) {SSA(G)}. The posts of JSA-I (Rs.5500- 9000) and JSA-II (Rs.5000-8000) were also merged into a single Grade Pay of Rs.4200 w.e.f. 1.1.2006 and re-designated as Scientific Assistant. 7
OA.No.170/112/2021/CAT/Bangalore Bench
c) The above up-gradation and merger of posts resulted in change of grade structure and posts in the Scientific cadre. The four grade structure as stated above, now changed to two grade structure as under:-
Srl. Name of Post Pre-revised Name of post after
No. Scale of pay merger (re-
(as per 5th designation) (scale of
CPC) pay in 6th CPC)
1 Senior Scientific Assistant (Higher Rs.7450- Senior Scientific
Scale) {SSA(HS)} 11500 Assistant (Gazetted)
2 Senior Scientific Assistant (Lower Rs.6500- Grade Pay Rs.4600 in
Scale) {SSA(LS)} 10500 Pay Band-2
3 Junior Scientific Assistant Grade-I Rs.5500- Scientific Assistant
(JSA-I) 9000 Grade Pay Rs.4200 in
4 Junior Scientific Assistant Grade-I Rs.5000- Pay Band-2
(JSA-II) 8000
d) The applicant was nominated by the Staff Selection Commission (SSC)
against the vacancies of JSA-I (Rs.5500-9000) which were sent by Respondent No. 2 to the SSC prior to the date of order for merger of the above posts in pursuance to 6th CPC recommendations. After completion of the pre-appointment formalities, the applicant was given offer of appointment for the post of Junior Scientific Assistant Grade- I (re-designated at that time as Scientific Assistant) in Pay Band-2, Grade Pay of Rs.4200 vide letter No. 2933/SA/DGAQA/ADM-II dated 7th June 2012. The fact that the post of Junior Scientific Assistant was re-designated as Scientific Assistant was also indicated in the offer of appointment dated 7th June 2012 and having accepted the terms and conditions mentioned in para 4 of the aforesaid offer of appointment, the applicant joined DGAQA as Scientific Assistant on 16.07.2012.
e) The erstwhile post of SSA(LS) was in pre-revised scale of pay of Rs.6500-10500 for which the replacement scale in 6th CPC was Grade Pay Rs.4200 in Pay Band-2. The post was upgraded to pre-revised scale 8 OA.No.170/112/2021/CAT/Bangalore Bench of pay of Rs.7450-11500 and then merged with the post of SSA(HS) which already existed in that scale of pay and given Grade Pay Rs.4600 in Pay Band-2.
f) DoP&T vide their O.M. No. AB.14017/48/10-Esst. (RR) dated 31st December, 2010 (Annexure R-3) issued revised guidelines for framing/amendment/relaxation of the Recruitment Rules. In these guidelines, DoP&T vide para 3.12.2 has stated that the qualifying service for promotion from one grade to another is necessary, so that there is no premature promotion or undue jump in pay and also to ensure that the officer has sufficient opportunity to demonstrate his competence/ potential for holding the higher post. It was further stated that the period of qualifying service varies from post to post depending upon scale of pay and experience required for manning the higher post. The qualifying service required for promotion from a post in Grade Pay of Rs.4200 to another post in Grade Pay of Rs. 4600 has been indicated as five years.
g) The RRs for the post of Senior Scientific Assistant (SSA) were framed in consultation with DoP&T and with the approval of Union Public Service Commission and Ministry of Legal Affairs. These RRs were notified vide SRO No.53 dated 10th December, 2015 and the post of SSA in Pay Band-2, Grade Pay of Rs.4600 was classified as Group 'B' Gazetted. As per the revised RRs, the post of SSA is to be filled 91 percent by direct recruitment and 9 percent by promotion from Scientific Assistant on completion of qualifying service of five years. 9
OA.No.170/112/2021/CAT/Bangalore Bench
h) As per the earlier RRs of SSA(LS) (SRO 57 dated 8th April, 2004) and SSA(HS) (SRO 1 dated 5th January, 2007), the eligibility service required for promotion from JSA-I (Rs.5500-9000, corresponding to G.P. Rs.4200) to SSA(HS) (Rs.7450-11500 corresponding to G.P. Rs.4600, Group B Gazetted) was five years (ie. three years from JSA- I to SSA(LS) and then two years from SSA(LS) to SSA(HS)). Therefore, the qualifying service for promotion in respect of the existing JSA-I (re-designated as Scientific Assistant) remained the same i.e. five years in both the cases i.e., pre-merger case and merger cases post 6th CPC.
i) The applicant completed the qualifying service of five years on 1.1.2018 (i.e. crucial date of determining eligibility being 1st January of the relevant year). Accordingly, he was considered by the Departmental Promotion Committee and with approval of the Competent Authority was granted promotion to the post of Senior Scientific Assistant in the year 2018 w.e.f. 26.07.2018.
j) After merger of the posts, as stated above, all promotions from the post of Scientific Assistant (G.P. Rs.4200) to Senior Scientific Assistant (G.P. Rs.4600) have been granted on completion of qualifying service of five years as per the revised RRs notified vide SRO No. 53 dated 10th December, 2015. Direct recruitment in this grade has also been carried out as per the revised RRs. There has been no discrimination with the applicant and the Rules have been applied mindfully and uniformly. The representation dated 14th June 2019 of the applicant for 10 OA.No.170/112/2021/CAT/Bangalore Bench conducting review DPC was accordingly disposed of vide letter No. 4175/DPC/SSA(G)/DGAQA/Adm-I dated 30th September, 2020 (Annexure A 1).
4. In his rejoinder to the reply, the applicant has pleaded as follows:
a) The applicant was appointed to the re-designated post of Junior Scientific Assistant Gr-I as per Annexure A-2 dated 7.6.2012. The applicant has approached this Tribunal for promotion from earlier date of 30.12.2015 with the merged seniority together with consequential benefits accrued in favour of the applicant.
b) Because of the fact that direct recruitment in the grade of Senior Scientific Assistant has been made as averred in para 10 of the reply statement, the applicant's seniority has been further pushed down and affected his seniority position adversely. This is only because the respondents have failed to give the protection of para 3.1.3 of the OM dated 31.12.2010. The applicant rests his case on the said para to support his case.
c) The applicant has been promoted after completion of five years' service is not relevant issue in OA. The case of the applicant is that he ought to have been promoted after completion of three years' service in view of the recruitment rules prevalent at that point of time.
d) Para 2(11) of the said OM is to the effect that where posts having different pay scales prior to CPC recommendations and now after merger have come to lie in the same pay band with same grade pay, the 11 OA.No.170/112/2021/CAT/Bangalore Bench inter se seniority of all the employees will be fully maintained with employee in a higher pre-revised pay scale being placed higher vis a vis an employee in a lower grade pay. Within the same pre-revised pay scale seniority which existed prior to revision would continue. This para is applicable to the case of the applicant. However, the respondents have not followed this particular para and instead have tried to justify their case by referring to para 2(III) ibid and the said para in fact is not applicable to the case of the applicant. The said para would become applicable to only those officers who were in position as on 29.8.2008, whereas the said para has been wrongly made applicable by the respondents to the officers who have been shortlisted against the advertisement of JSA II as per letter No.2933/JSA-
II/DGAQA/ADM-II dated 1.9 2008 and also the officers shortlisted subsequently and joined after 18.6.2009.
5. The Respondents have filed an Additional Reply in which they have averred as follows:
a) The guidelines prescribed under para 3.1.3 of DoPT OM dated 31.12.2010 are applicable where the eligibility service for promotion prescribed in the existing rules is being enhanced. In the instant case, the post of Senior Scientific Assistant (Lower Scale) (SSA(LS)) (pre-
revised Rs.6500-10500, corresponding to Grade Pay of Rs.4200/-in Pay Band-2) was upgraded to the pre-revised pay scale of Rs.7450- 11500 (corresponding to Grade Pay of Rs.4600/- in Pay Band-2) and merged with the posts already existing in this grade i.e. Senior 12 OA.No.170/112/2021/CAT/Bangalore Bench Scientific Assistant (Higher Scale) (SSA(HS)). After up-gradation and merger of the aforesaid posts, these posts were re-designated as Senior Scientific Assistant (Gazetted).
b) Similarly, the feeder grade posts i.e., Junior Scientific Assistant Grade-
I (JSA-1) (pre-revised Rs5500-9000) and Junior Scientific Assistant Grade-II (JSA-II) (pre-revised Rs.5000-8000) were merged into a single Grade Pay of Rs.4200/- in Pay Band-2 and re-designated as Scientific Assistant.
c) Hence, in the revised hierarchy structure, Recruitment Rules were required to be amended/framed for a scenario where promotion was to take place from the post of Scientific Assistant (Grade Pay of Rs.4200/- ) to the post of SSA(G) (Grade Pay of Rs.4600/-). The pre-revised Recruitment Rules (RRs) did not have any provision or prescribed eligibility service for promotion directly from JSA-I (pre-revised Rs.5500-9000, corresponding to Grade Pay of Rs.4200/-) to the post of SSA(HS) (pre-revised Rs.7450-11500 corresponding to Grade Pay of Rs.4600/-).
d) As per the RRs notified vide SRO No.57 dated 8th April, 2004 (Annexure A3), the post of SSA(LS) was to be filled up 90 percent by direct recruitment and 10 percent by promotion from its feeder grade i.e. JSA-I with eligibility service of three years in the grade. However, in these RRs, the post of' SSA(LS) was in pre-revised scale of pay of Rs.6500-10500 which was corresponding to Grade Pay of Rs.4200/- and not in the Grade Pay of Rs.4600/-, Hence, the eligibility service 13 OA.No.170/112/2021/CAT/Bangalore Bench prescribed for promotion from JSA-I to SSA(LS) is not comparable with the one in the revised scenario where promotion was to take place from the Grade Pay of Rs.4200/- to Grade Pay of Rs.4600/- (i.e., from the post of Scientific Assistant to SSA(G)).
e) Further, as per pre-revised RRs for the post of SSA(HS) notified vide SRO No.1 dated 5th January 2007 (Annexure R2), the post of SSA(HS) was the promotional post for SSA(LS) with eligibility service of two years.
f) Hence, the total eligibility service for promotion from JSA-I (Rs.5500- 9000) to SSA(LS) (Rs.6500-10500) and then to SSA(HS) (Rs.7450- 11500) was five years (i.e., scenario comparable with promotion from Grade Pay of Rs.4200/- to Grade Pay of Rs.4600/-). As such, in the revised RRs there has been no change in the eligibility service for promotion from a post in Grade Pay of Rs.4200/- (i.e. Scientific Assistant) to a post in Grade Pay of Rs.4600/- {i.e. SSA(G)}, which has been retained at five years.
g) The contention of the applicant to retain the eligibility service of pre-
revised RRs in respect of the existing incumbents is therefore not tenable in the instant case.
h) As regards DoPT O.M. No. 20020/4/2010-Estt(D) dated 13.09.2012 (Annexure R-5), it is vehemently stated that in case of the applicant Para 2 (III) of the DoPT O.M. is applicable which provides as under: 14
OA.No.170/112/2021/CAT/Bangalore Bench "Where recruitment to the posts in the pre-revised pay scale(s) was initiated separately for each posts, prior to acceptance of recommendation of 6th CPC i.e. prior to 29.08.2008 but selected officers joined on or after 30.08.2008 in the revised pay scale(s) against the posts which have been granted the same Grade Pay, such officers will be assigned seniority enbloc below those officer who were in position as on 29.08.2008."
i) In pursuance of the 6th CPC recommendations, the post of JSA-I and JSA-II were merged into a single Grade Pay of Rs.4200/- w.e.f.
1.1.2006 and re-designated as Scientific Assistant vide letter No. 4875/3/VI/CPC/DGAQA/Admin-I/1122/D (HAL-III) dated 5th November 2009 (Annexure R-1). The applicant joined in the revised pay scale i.e. Grade Pay Rs.4200/- in the year 2012. The incumbents of JSA-I and JSA-II who were in position as on 29.08.2008 were already re-designated as Scientific Assistant in Grade Pay of Rs.4200/-. As the applicant joined in the revised pay scale of 6th CPC i.e. Grade Pay of Rs.4200/- in the year 2012, he was placed below the incumbents of Scientific Assistant who were already in position.
j) Further, the seniority of another direct recruit i.e. Shri Ashish Nijhawan who was appointed on 31.07.2012 as Junior Scientific Assistant Grade- 1 (re-designated as Scientific Assistant) was also fixed on the same lines. Hence, the fixation of seniority of the applicant is strictly as per the guidelines issued by DoP&T without any discrimination to the applicant.
15
OA.No.170/112/2021/CAT/Bangalore Bench
6. Heard the learned counsels for the parties and perused the pleadings made by them.
7. In the present case, the applicant had been promoted from the post of Scientific Assistant in the pay scale of PB-2 + Grade Pay 4200/- to the post of Senior Scientific Assistant (Gazetted) in the pay scale of PB-2 + Grade Pay 4600/- on 26.7.2018. It is consistent with the Recruitment Rules notified for these posts vide SRO 53 dated 10.12.2015.
8. The applicant has contended that he had joined as Junior Scientific Assistant Grade-I (Electrical) on 7.6.2012 and he should have been promoted to the post of Senior Scientific Assistant (Lower Scale) as per the provisions of SRO 57 dated 24.4.2004, which has prescribed the eligibility condition for promotion as 3 years.
9. The respondents have stated that the cadre of Junior Scientific Assistants and Senor Scientific Assistants which earlier comprised of 4 different levels, had been restructured to two levels of Scientific Assistants and Senior Scientific Assistants, carrying Pay scale of PB-2 with Grade Pay of Rs. 4200/- and Rs. 4600/- respectively.
10. There is no doubt that subsequent to the cadre restructuring, the posts of Junior Scientific Assistant Grade-I and Junior Scientific Assistant Grade-II as well as Senior Scientific Assistant (LS) and Senior Scientific Assistant (HS) were no more in existence, having been replaced by the posts of Scientific Assistant and Senior Scientific Assistant. 16
OA.No.170/112/2021/CAT/Bangalore Bench
11. Consequent to this cadre restructuring, where 4 different levels had been replaced by two different levels, the Recruitment Rules which prescribed the eligibility conditions for promotions within the earlier cadre structures would no more be relevant, and would have to be replaced by revised RRs which cater to the new restructured posts. The Recruitment Rules prescribing the eligibility conditions for the restructured cadres were notified vide SRO 53 on 10.12.2015.
12. The revised Recruitment Rules for the restructured cadre posts were framed keeping in view the DoP&T guidelines and the suggested eligibility conditions concerning minimum regular service of 5 years in the grade of PB-2 with GP 4200/- before a person could be considered for promotion to a post carrying a GP of 4600/- in PB-2. These rules were framed in consultation with DoP&T and with the approval of Union Public Service Commission and Ministry of Legal Affairs. In any case, these revised RRS have not been challenged in the present OA.
13. The applicant had joined service in the restructured cadre post as Scientific Assistant on 7.6.2012. The cadre restructuring had already taken place as per order No.4875/VI CPC/DGAQA/Admn-I/1122/D(HAL-III) dated 5.11.2009. The applicant had been appointed and had joined on the restructured post as Scientific Assistant carrying Grade Pay of 4200 in PB- II on 7.6.2012. The appointment letter (Annexure A-1) mentioned clearly that the applicant's appointment is to the re-designated post of Scientific Assistant carrying pay scale of PB-2 + GP 4200.
17
OA.No.170/112/2021/CAT/Bangalore Bench
14. The contention of the applicant that his promotion to the erstwhile post of Senior Scientific Assistant (LS) should be made, keeping in view the provisions under the old RRs notified by SRO 57 dated 24.4.2004, cannot be countenanced. Both the posts i.e. the post of Junior Scientific Assistant Grade-I, as well as the post of Senior Scientific Assistant (LS) were not in existence subsequent to the cadre restructuring. There cannot be any promotion from a non-existent post to another non-existent post.
15. The revised RRs for the purpose of promotion from the restructured post of Scientific Assistant (held by the applicant) to the restructured post of Senior Scientific Assistant were notified vide SRO 53 dated 10.12.2015. These revised RRs prescribed that the minimum service for the purpose of eligibility for consideration for promotion from the post of Scientific Assistant in PB-2 GP 4200/- to the post of Senior Scientific Assistant in PB- 2 GP 4600/-, was 5 years of regular service in the grade of Rs. 4200/- and having successfully completed the mandatory training of two to four weeks in Quality Assurance or Production activities. The contention of the applicant that he should have been promoted following the pre-revised RRs prior to restructuring, cannot be countenanced, since it did not prescribe the eligibility conditions for consideration for promotion to the restructured post of Senior Scientific Assistant.
16. Keeping the above in view, the applicant has rightly been considered for promotion after completing 5 years of regular service in the grade of PB2 + GP 4200/-. He has been granted promotion to the post of Senior Scientific 18 OA.No.170/112/2021/CAT/Bangalore Bench Assistant in the grade of PB2 + GP 4600/- in the year 2018 w.e.f. 26.07.2018.
17. The applicant has further contended that his inter-se-seniority should be fixed above the Junior Scientific Assistants Grade-II, who were in position at the time of his joining. The applicant had joined in the year 2012 in the revised structure, whereas the existing incumbents (JSA-I and JSA-II) had already been re-designated as Scientific Assistants in Grade Pay 4200/- w.e.f. the date of restructuring of the cadre 1.e., 5.11.2009. Since the incumbents were already in position prior to the joining of the applicant, hence, all the incumbents holding the post of Scientific Assistants would be having a higher seniority as compared to the seniority of the applicant, keeping in view the date of joining of the applicant as direct recruit on 7.6.2012.
18. Keeping the above points in view, the present OA has no merit whatsoever and deserves to be dismissed.
19. Accordingly, the OA is dismissed. However, there shall be no orders so as to costs.
(RAKESH KUMAR GUPTA) (JUSTICE S. SUJATHA)
MEMBER (A) MEMBER (J)
/vmr/