Central Administrative Tribunal - Delhi
Anand Prakash Dube vs M/O Urban Development on 8 October, 2015
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No.2006/2013
Thursday, this the 8th day of October 2015
Hon'ble Mr. A.K. Bhardwaj, Member (J)
Hon'ble Dr. B.K. Sinha, Member (A)
Anand Prakash Dube
Age about 53 years
s/o Mr. Raj Mani Dube
r/o E-5, Jawahar Park, Laxmi Nagar
Delhi-92
...Applicant
(Mr. Amit Anand, Advocate)
Versus
Through Union of India & others
1. The Director
Directorate of Printing
Govt. of India Press
Nirman Bhawan, New Delhi
2. The General Manager
Govt. of India Press
Minto Road, New Delhi
3. The Secretary
Ministry of Urban Development
Govt. of India Press
Nirman Bhawan, New Delhi
..Respondents
(Mr. Ashok Kumar, Advocate)
O R D E R (ORAL)
Mr. A.K. Bhardwaj:
In the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has questioned the order No.186/E-I/Offset dated 18.5.2012 whereby he was re-deployed as Offset Machine Assistant. The prayer reads thus:-2
"(i) quash and set aside the impugned order dated 18.05.2012 (Annexure-A-1) and to consider the applicant for the post of DTP operator wherein, all the other similar situated person have been deployed;
(ii) May also pass any further order(s), direction(s) as be deemed just and proper to meet the ends of justice."
2. Mr. Amit Anand, learned counsel for applicant submitted that in terms of circular No.D-31/E-1/50 dated 29.6.2007, the surplus Lino Operators could be re-deployed either as Offset Machine Man or DTP Operator and not Offset Machine Assistant. The circular reads thus:-
"Circular It is circulated for information to all the surplus employees of the press that the sanctioned strength has been notified by the Directorate of Printing under the Modernization Scheme. Accordingly following posts are to be filled up on absorption in this press as per recruitment rules.
Interested eligible surplus employees of this press may apply for their option for absorption as per the provisions of the recruitment rules as different categories mentioned below.
Sl.No. Category of Posts where No. of Posts surplus employee absorption is to be made
1. xx xx xx
2. xx xx xx
3. xx xx xx
4. Lino Operator Off. Machineman 17 Rs.4000-6000 (Rs.4500-7000)
5. xx xx xx The selection of the surplus employees for absorption in various posts will be done strictly as per their seniority in the post opted for by them subject to their eligibility. The No. of posts as shown in this circular is based on the clear vacancies available at present. The No. of vacancies may go up after promotions from these categories is made in the higher grade in due course of time.
The selected employees will be required to undergo training for a period of 3 months/6 months as prescribed in the relevant Recruitment Rules. The inhouse training will be of 2 months/ 3 months and thereafter the employees will be deputed to Production- cum-Training Centre, Shimla for the remaining period of training i.e. 3 for 1 month/3 months as the case may be in batches. After successful training, the employees will be absorbed in the new post subject to qualifying in the Trade Test.
A copy of the Training Schedule and Syllabus is also displayed for the information and guidance of the employees.
The option forms are available in the E.I Section which may be obtained by the employees and submitted back positively by 6.7.2007."
3. Mr. Ashok Kumar, learned senior panel counsel for Union of India submitted that it was the applicant alone, who made a representation for his retention in the same Press, i.e., the Press where he was working as Lino Operator and it was in acceptance of his representation only the applicant was re-deployed as Offset Machine Assistant. He further made reference to paragraph 4.8 of the reply, which reads thus:-
"4.8 On 13.7.2007, applicant and 10 other surplus Mono/Lino operators of Government of India Press, Minto Press, New Delhi requested the Manager of this Press to absorb them within the G.I. Press, Minto Road, New Delhi itself as per the Recruitment Rules. On the date of receipt of letter annexed as Annexure R-4, the Sanctioned Strength of the post of DTP Operator in Government of India Press, Minto road, New Delhi was 108 and against which 1213 DTP Operators were already on roll. So, these Surplus Lino Operators could not be absorbed in the post of DTP Operator. But as per Recruitment Rules, they could be absorbed in the post of Offset Machine Assistant."
4. Re-joining the submissions, Mr. Amit Anand, learned counsel submitted that the request in the representation was for his re-deployment in the same Press and not for re-deployment to the lower post as Offset Machine Assistant.
5. We heard the learned counsels for the parties and perused the record. 4
6. We find from the office circular dated 2.7.2007 (Annexure R-1 to the reply) that the surplus Lino Operators were to be re-deployed as DTP Operators. The circular reads thus:
"Office Circular It is circulated for information of all the employees of this Press that the post-modernization staff strength duly approved has been received in this Press. The Press has accordingly initiated action for filling up of all vacant posts by absorption/direct recruitment/ promotion/ transfer etc. In this regard, the following surplus employees are required to be absorbed in the posts mentioned against their categories.
Sl. Name of surplus posts Category in which to be Vacancies
No. absorbed available at
present
1. Compositor Assistant Binder 25
Assistant Plate Maker 2
Offset Machine Attendant 15
Copy Holder 25
Risographer 9
Assistant Silk Screen Optr. 2
2. Machineman (LP) Gr. Offset Plate Maker 5
II Offset Machine Attendant 15
3. Machine Assistant (LP) Assistant Binder 25
Assistant Plate Maker 2
Offset Machine Assistant 16
(8 years regular service as
Machine Assistant (LP)
Offset Machine Attendant 15
4. Mono Caster Operator Offset Machine Attendant 15
Assistant Binder 25
Assistant Plate Maker 2
5. Foreman (Lino) Foreman Binding 3
6. Section Holder (Case) Section Holder Binding 8
7. Lino Operator DTP Operator 1
8. Mono Operator DTP Operator 1
9. Mechanic (Lino) Mechanical (Ptg. & Bdg.) 7
10. Assistant Mechanic Assistant Mechanic (Ptg. & 3
(Lino) Bdg.)
11. Chowkidar Peon 1
12. GPP Man Matter regarding their -
absorption is being taken
up with the Directorate of
Printing
13. K.B.O. - -
14. Xerox Operator Offset Plate Maker 5
5
The absorption of surplus employees will be done in this Press to the extent of available vacancies. Those who cannot be absorbed in this Press may be absorbed in other Presses."
7. Even from the circular No.D-31/E.I Modernisation/52 dated 10.7.2007 (Annexure R-2 to the reply), it is clear that the surplus Mono/Lino Operators were to be re-deployed as DTP Operators against the vacancies available in the Government of India Presses mentioned in the said circular, viz. GIP, Mayapuri, New Delhi, GIP, Rashtrapati Bhavan, New Delhi, GIP, Faridabad, GIP, Aligarh, GIP, Nilokheri (Karnal), GIP, Koratty (Kerala) and GIP, Nasik.
8. In the Application cum Option Form (Annexure R-3 to the reply), the applicant had opted for his re-deployment as DTP Operator. The relevant portion of the Form reads thus:
1. Name of the surplus : Anand Prakash Dube employees (as given in the Service Book)
2. Present Designation/ : Lino - Operator Basic. Rs...
Present Pay & Pay Scale of the post
3. Option for redeployment/ : 1. GIP Minto Road, New Delhi absorption in other Govt. 2. GIP Rashtrapati Bhawan of India Press, in order of New preference 3. GIP Mayapuri, New Delhi
4. GIP Minto Road, New Delhi
5. GIP Rashtrapati Bhawan, New
6. GIP Mayapuri, New Delhi
7. GIP Rashtrapati Bhawan, New
8. GIP Faridabad
4. Option for absorption to : DTP Operator the post
5. Date of Birth/Age : 08-06-1961 46 yrs.
6
6. Date of entry in Govt. : 02-03-1987 service/ Date of Superannuation 31-05-2021
9. Even in the representation 13.7.2007 (Annexure R-4 to the reply) also, the applicant though had asked for re-deployment in the same Press but had not given any option for his re-deployment as Offset Machine Assistant.
In the wake, there is no justification in the action taken by the respondents.
10. The Original Application is disposed of with direction to the respondents to re-deploy the applicant as Offset Machine Man or DTP Operator in any of the Presses of Government of India where the vacancy in such grade is available and if the vacancy is not available then against next available vacancy as and when it arise. No costs.
( Dr. B.K. Sinha ) ( A.K. Bhardwaj ) Member (A) Member (J) October 8, 2015 /sunil/