Central Administrative Tribunal - Hyderabad
M.V.R. Sharma And Ors. vs The Secretary, Department Of Atomic ... on 6 August, 2007
ORDER Bharati Ray, Member (J)
1. The issue involved and relief claimed being similar in all the OAs, they are being disposed of by the following common order:
O.A. 149/07 The 1st applicant in this OA has been initially appointed on 10.02.1997 and was promoted to the post of SA/A on 01.02.1991 and to the post of SA/B on 01.02.1995. He acquired additional qualification in the year 1990. The 2nd applicant in this OA has been initially appointed on 08.02.1983 and was promoted to the post of SA/A on 01.08.1990 and to the post of SA/B in the year 1995. He acquired additional qualification in the year 1990.O.A. 299/2007
The applicant in this OA joined as SA/A on 01.11.1997 and he was promoted as SA/B on 10.04.1999.O.A. 392/2006
The applicant in this OA has been initially appointed as SA/A on 25.04.1990 and promoted as SA/B on 01.02.1994.O.A. 531/2006
The applicant in this OA was initially appointed in the year 1970. He was promoted to the post of SA/A on 01.02.1990. Thereafter he was promoted as SA/B on 01.02.1994. He acquired additional qualification in the year 1990.O.A. 131/2007
The applicant was initially appointed in the year 1988. He was promoted as SA/A with effect from 01.08.1999 and he was promoted as SA/B on 01.08.2002. He acquired additional qualification in the year 1999.O.A. 183/2007
1st Applicant in this OA was initially appointed on 30.06.1984. He acquired additional qualification in the year 1994. He was promoted as SA/A with effect from 01.02.1994 and he was promoted as SA/B in the year 1997.
2nd applicant in this OA was initially appointed on 29.09.1978. He was promoted as SA/A with effect from 01.02.1993. Subsequently he was promoted as SA/B on 01.02.1996. He acquired additional qualification.
3rd applicant in this OA was initially appointed on 19.08.1979. He was promoted as SA/A on 14.05.1993 with effect from 01.02.1993. Subsequently he was promoted as SA/B on 13.05.1997. He acquired additional qualification in the year 1991.O.A.345/2007
The first applicant in this OA submits that he was initially appointed on 28.12.1990. Subsequently he was promoted as SA/A on 06.12.1999 with effect from 01.08.1999 and he was promoted as SA/B on 31.12.2003 with effect from 01.08.2003. He acquired additional qualification in the year 1999.
The 2nd applicant in this OA submits that he was initially appointed on 12.01.1991. He was promoted as SA/A on 01.02.1997 and as SA/B on 01.02.2001. He acquired additional qualification in the year 1996.O.A.346/2007
The first applicant in this OA submits that he was initially appointed on 28.12.1990 in the respondents organisation. Subsequently he was promoted as SA/A on 20.06.1995 with effect from 01.02.1995 and he was promoted as SA/B on 01.02.1999. He acquired additional qualification in the year 1994.
The 2nd applicant in this OA submits that he was initially appointed on 26.08.1989. He was promoted as SA/A with effect from 01.02.1995 and he was promoted as SA/B on 01.02.1999. He acquired additional qualification in the year 1994.
The 3rd applicant in this OA submits that he was initially appointed on 21.05.1987. Subsequently he was promoted as SA/A with effect from 01.02.1994 and as SA/B with effect from 01.02.1997. He acquired additional qualification in the year 1993.O.A. 362/2007
The first applicant in this OA was directly recruited as SA/A and joined duty on 26.04.1991. Subsequently he was promoted as SA/B on 01.02.1995.
The 2nd applicant in this OA was directly recruited as SA/A and joined duty on 12.02.1993. Subsequently he was promoted as SA/B on 01.02.1997.O.A.400/2007
The first applicant in this OA was selected for the post of SA/A and joined the duty on 21.02.1990. Subsequently he was promoted as SA/B on 01.02.1993.
The 2nd applicant in this OA was selected for the post of SA/A and joined the duty on 22.03.1990. Subsequently he was promoted as SA/B on 01.02.1993.
The 3rd applicant in this OA was selected for the post of SA/A and joined the duty on 28.03.1990. Subsequently he was promoted as SA/B on 01.02.1993.
The 4th applicant in this OA was selected for the post of SA/A and joined the duty on 16.05.1991. Subsequently he was promoted as SA/B on 01.08.1995.
The 5th applicant in this OA was selected for the post of SA/A and joined the duty on 30.01.1990. Subsequently he was promoted as SA/B on 01.02.1995.
The 6th applicant in this OA was selected for the post of SA/A and joined the duty on 16.02.1991. Subsequently he was promoted as SA/B on 01.02.1995.
The 7th applicant in this OA was selected for the post of SA/A and joined the duty on 16.02.1990. Subsequently he was promoted as SA/B on 01.02.1995.
The 8th applicant in this OA was selected for the post of SA/A and joined the duty on 14.03.1992. Subsequently he was promoted as SA/B on 05.02.1996.
The 9th applicant in this OA was selected for the post of SA/A and joined the duty on 13.07.1991. Subsequently he was promoted as SA/B on 01.08.1996.O.A.401/2007
The first applicant in this OA was selected for the post of SA/A and joined the duty on 02.05.1992. Subsequently he was promoted as SA/B on 01.08.1995.
The 2nd applicant in this OA was selected for the post of SA/A and joined the duty on 28.09.1993. Subsequently he was promoted as SA/B on 01.08.1996.
The 3rd applicant in this OA was selected for the post of SA/A and joined the duty on 29.04.1992. Subsequently he was promoted as SA/B on 01.02.1995.
The 4th applicant in this OA was selected for the post of SA/A and joined the duty on 07.10.1993. Subsequently he was promoted as SA/B on 01.08.1998.
2. From the particulars given above we find that the following three categories of applicants are there:
Category-1 : The applicants who joined initially in the respondents organisation as Tradesman and subsequently got promoted to the post of SA/A and then thereafter acquired requisite qualification for holding the post of SA/B and thereafter got subsequent promotion.
Category-2 : The applicants who was initially appointed in the respondents organisation as Tradesman and then through streamline promotion, got promoted on or after 01.02.1992 although they acquired required additional qualification at the time of their promotion as SA/A and subsequently they were promoted to the post of SA/B. Category-3 :T he applicants who applied in response to the notification issued by the respondents for the post of A/B and were interviewed and thereafter posted as SA/A initially as a direct recruit and subsequently promoted to the post of SA/B on or after 01.02.1992.
3. It is the case of the applicants that although by virtue of revision, the post of Scientific Assistant 'A' (in short SA'A') was abolished with effect from 01.02.1992 and there was only one category i.e. SA/B from 01.02.1992, the respondents have given appointment/promotion to some of the applicants to the post of SA/A on or after 01.02.1992 and thereafter given promotion to the post of SA/B and have given promotion to the post of SA/B to some of the applicants much after they acquired the additional qualification instead of giving the promotion w.e.f. the date they acquired the required additional qualification. The applicants, therefore, submitted representations to the respondents for their redesignation with effect from 01.02.1992/from the date of acquiring required additional qualification but their representations were rejected by the respondents through the order impugned along with the respective applications.
4. It is the contention of the applicants that similarly situated persons approached this Tribunal in OA No. 847/95 which was allowed by this Tribunal on 22.06.1998 and the same was upheld by the Hon'ble High Court of AP in W.P. No. 323/2000 on 23.09.2003. It is also the contention of the applicants that some of the juniors to the applicants who acquired the additional qualification after some of the applicants herein and were interviewed along with them, were promoted as SA/B and even some who were promoted as SA/A were subsequently re-designated as SA/B with retrospective effect. The case of the applicants had been ignored.
5. Respondents have contested the application by filing separate counter reply.
6. We have heard Mrs. N. Shobha, learned Counsel for the applicants and Mr. G. Jayaprakash Babu, Sr. CGSC, Mr. A. Rajendra Babu, Mr. V. Rajeswara Rao, Mr. V. Durga Rao, Mr. D. Madhava Reddy, Mr. T. Damodar and Mr. M. Brahma Reddy for the respondents. We have gone through the facts of the case and material papers placed before us. We have also gone through the judgments relied upon by the learned Counsel for the applicants.
7. Mr. G. Jayaprakash Babu, Sr. CGSC who appears for the respondents in OAs 149/07, 531/06, 131/07, 346/07 and 400/07 has drawn our attention to Annexure A2 to OA 149/2007 and submits that pursuant to the order dated 22.06.1998 passed by this Tribunal in OA 847/95 filed by S/Sri A. Venkata Raja and A. Ranga Rao their promotions to the grades of SA/B and above have been reviewed and antedated vide office order dated 31.5.2004. However, several employees have submitted representation thereafter requesting to examine the anomaly arising from the review exercise done in the case of above persons and the respondents found that the representations are from three categories viz. (i) similarly placed employees, (ii) employees promoted to the Scientific Assistant category subsequent to the year 1992 and (iii) direct recruitees to the Scientific Assistant category. The matter was accordingly examined in consultation with DAE and DAE has rejected the request of the applicants with the following reasons:
1. As regards the similarly placed employees it is observed that after the earlier rejection of their representations, if any, they had not approached Hon'ble Tribunal within the limitation period prescribed. A judgment obtained by similarly placed persons cannot be invoked by persons whose claims have become time-barred and the same does not give a fresh cause of action. Further, inordinate and unexplained delay or laches is by itself a ground to refuse relief irrespective of the merit of the case.
2. In the case of employees appointed as SA/A after 1992 based on acquisition of additional qualification, they cannot draw comparison with seniors who were appointed as SA/B as of the year 1992.
3. Direct recruits to the post of SA/A cannot claim the benefit of promotion extended to departmental candidates on the basis of acquisition of additional qualification while in service.
8. It is, therefore, the contention of the learned Counsel for the respondents that for the said reason, the representation submitted by the applicants has been rejected. That being the position, the question that falls for our consideration is as to whether the respondents are justified in rejecting the case of the applicants for the above reason.
9. We find that in regard to the similarly placed employees the respondents have rejected the case on the ground that judgment obtained by similarly placed persons cannot be invoked by persons whose claims have become time barred and the same does not give a fresh cause of action. However, the respondents could not enclose or produce any rule which prescribes any time limit for the employees to approach the authority to ventilate their grievance. We find that after the judgment was passed by the Tribunal in OA 847/95 and their promotions were antedated by order dated 31.5.2004 the applicants have approached the respondents to re-designate them as SA/B with effect from the date of their initial appointment in the post of SA/A/date/ of promotion in the post of SA/A/date/ of acquiring additional qualification. In regard to the question about what is the time limit for approaching the departmental authority the learned Counsel for the respondents had no answer.
10. As far as the 2nd point is concerned, it is true that the applicants who have acquired additional qualification after their promotion as SA/A cannot be redesignated with effect from their appointment as SA/A w.e.f. 01.02.1992 but as per the decision of the Tribunal in OA 847/95, such applicants are entitled to be redesignated as SA/B with effect from the date they acquired their additional qualification after their promotion as SA/A. Since the judgment of the Tribunal in OA 847/95 has been upheld by the Hon'ble High Court and reached its finality the respondents cannot deny the same for the said reason. In case of direct recruits, the Tribunal in above matter has already discussed their case. The learned Counsel for the respondents appearing in other cases adopted the arguments put forth by Mr. Jayaprakash Babu, Sr.CGSC. However, Mr. Rajendra Babu learned Counsel submitted that once the direct recruits have applied for the post in terms of the notification and interviewed and then appointed to the post of SA/A they cannot turn around and question their appointment to the post of SA/A on or after 01.02.1992. However, there was no answer from the learned Counsel for the respondents as to why in the notification the post was mentioned as A/B. Since the issue has already been decided by this Tribunal in the above case (supra), in our view, all the applicants are entitled to be redesignated as per the judgment of this Tribunal i.e. the applicants who have been appointed as direct recruit as SA/A on or after the date i.e. 01.02.1992 would be re-designated as SA/B from the date of joining SA/A. Persons who were promoted to the post of SA/A on or after 01.02.1992 and were in possession of the additional qualification on the date they joined the post, will be entitled to be designated as SA/B from the date of joining the post of SA/A; the applicants who have joined the post of SA/A on or after 01.02.1992 but acquired the additional qualification thereafter shall be entitled to be re-designated as SA/B with effect from the date of acquiring additional qualification.
11. We, therefore, declare that the applicants in the OAs in hand are entitled to be re-designated as SA/B with effect from the date as mentioned above. The orders impugned in the OAs are hereby quashed and set aside. All the applicants are entitled to all benefits that flow from their re-designation as SA/B including seniority, promotion, arrears, allowances etc. The respondents are directed to act accordingly
12. The applications are accordingly allowed in above terms with no order as to cost.