Central Administrative Tribunal - Delhi
Satish Kumar vs Delhi Jal Board, Govt. Of Nctd on 11 May, 2023
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Item No. 27 C-5 O.A. No. 3463/2015
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A. No. 3463/2015
This the 11th Day of May, 2023
Hon'ble Mr. Tarun Shridhar, Member (A)
Hon'ble Mrs. Pratima K. Gupta, Member (J)
1. Sh. Saltish Kumar, aged 48 years,
S/o Sh. Gopal Singh,
R/o Village Malcha,
PO Harsana Kala,
Distt. Sonipat (Haryana)
Presently working as:
Chlorine Operator (Employee code 4001060)
Distt. North,
Chief Works Analyzer,
Haiderpur Water Treatment Plant,
Delhi Jal Board
2. Trilok Singh Bajjar, aged 49 years,
S/o Sh. Bishamber Dass,
R/o Village Wazirabad,
Delhi Jal Board, Street No.13A,
Delhi-110084
Presently post as Chlorine Operator
(Employee code 40010683)
Executive Engineer (E&M)
Water Works II Wazirabad,
Delhi Jal Board
...Applicants
(By Advocate:- Mr. D.S. Chaudhary)
Versus
Delhi Jal Board,
Through its Chief Executive Officer,
Varunalaya, Jhandewalan,
New Delhi-110005
...Respondents
(By Advocates:- Mr. Vijay Chawla with Mr. Vaibhav Chawla)
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Item No. 27 C-5 O.A. No. 3463/2015
ORDER (ORAL)
Hon'ble Mr. Tarun Shridhar, Member (A) The applicants by virtue of the present OA seek regularization to the post of Chlorine Operator w.e.f. 1993 i.e. the year when they were initially appointed to the said post, in a regular pay scale governing the position.
2. In terms of para 8 of the OA, they seek the following reliefs :
8.1 The respondent be directed to treat the applicants as regularly appointed Chlorine Operator since 02.04.1993 with all the consequential benefits.
8.2 The respondent be directed to grant higher pay scale to the applicants under MACPS 8.3 Costs of the proceedings may be allowed. 8.4 Any other order(s) as deemed fit and proper to secure the ends of justice may also be passed."
3. Learned counsel for the applicants narrating the brief history and background of the case draws attention to the initial appointment of the applicants which clearly mentions that they are being transferred to the post of Chlorine Operator in the pay scale of Rs. 950-1400/-. He submits that the applicants had been working as such uninterruptedly and 3 Item No. 27 C-5 O.A. No. 3463/2015 continuously and to the full satisfaction of the respondents, till the year 2014 when vide an order dated 05.12.2014 pursuant to a Board resolution they were regularized to the said post.
4. Learned counsel submits that since the initial posting of the applicants as Chlorine Operator was on 02.04.1993 on a regular pay scale governing the post, benefits of such regularization along with all consequential benefit is to be extended to the applicants w.e.f. the said date. He further argues that no reasons whatsoever have been adduced by the respondents in the order of regularization as to why this order is taking effect from a prospective date, rather than from the date of the initial appointment.
5. Learned counsel for respondent on the other hand submits that the applicants were only assigned the duty of Chlorine Operator and not posted as such. He submits that a bare reading of the so called appointment letter shows that they were only transferred to this post with a clear condition that it is on "adhoc" basis, purely as a "stop gap arrangement"
and does not confer any right or entitlement upon them. Accordingly, neither are they entitled to seniority from that date nor the benefit of regularization. He further argues that several times subsequent to their engagement as Chlorine Operator, the applicants' were given opportunity for selection to 4 Item No. 27 C-5 O.A. No. 3463/2015 the post but could not be selected on a regular basis as they did not meet the necessary qualifications set forth in the Recruitment Rules. However, taking a sympathetic view, in the year 2014 they were regularized, as also taking into consideration that at this relevant point of time, they happened to meet the criteria set of the Recruitment Rules.
6. We would like to record that the respondent has placed on record a document as annexure R-2 which contains, at the relevant point of time, i.e. in the year 1993, the qualifications and eligibility of the applicants in a tabular form. This document is of the year 1992, therefore, prima-facie we find that at the time of initial engagement/appointment/transfer of the applicants as Chlorine Operator, the respondents had gone through their qualifications against the background of the Recruitment Rules before giving them such appointment.
7. Learned counsel for the respondent draws support from the following two judgments :
(i) Union of India & Ors. Vs. Sheela Rani in Civil Appeal No. 566/2066 wherein the Hon'ble Supreme Court had held that if engagement has been made without a regular vacancy, the said person cannot claim for regularization. It has further held that regularization 5 Item No. 27 C-5 O.A. No. 3463/2015 cannot be with retrospective effect. The Hon'ble Supreme Court had also refused to entertain the plea of counting regular service for the purpose of regularization.
(ii) Registrar General of India & Ors D Kripa Shetty & Ors. wherein the Hon'ble Supreme Court had held that in case the benefit of ad-hoc service is given for the purpose of regularization and seniority, it is likely to affect other persons. In the said judgment, the Hon'ble Supreme Court had given these directions after taking cognizance of the fact that the appointees therein met the necessary qualifications for the post. The Hon'ble Supreme Court had reiterated the principle of prospective regularization.
8. He further argues that the judgment of the Hon'ble Supreme Court in S. Sumnyan and Ors. Vs. Limi Niri in Civil Appeal No. 3512/2010 which has been relied upon by the learned counsel for the applicants has absolutely no similarity with the present case as the issue there was an appointment in accordance with the service rules and the dispute was qua two individuals, whereas in the present case, the challenge is to the action of the respondents who are a government entity.
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Item No. 27 C-5 O.A. No. 3463/2015
9. We have heard the learned counsel for the parties at great length.
10. Besides going through the documents relied upon by the respective counsel, we have very meticulously gone through the documents on record.
11. We are extremely conscious of the fact that the adjudication of the subject of this OA hinges upon documentary evidence.
12. We have absolutely no doubt in our mind that when the applicants were initially engaged as Chlorine Operators, they were appointed after due diligence and they were found to be eligible in terms of the relevant recruitment rules.
13. It would be appropriate to reproduce the recommendation of the Screening Committee as reflected in its minutes of the meeting held on 22.06.1993 :
Minutes of Screening Committee held on 26.2.93 for screening of departmental candidates. The following member of the Screening Committee are present :-
1. Sh. S.C. Jain Dir.(T&QC) Chairman
2. Sh. Prabhat Shekhar EE (E&M)-II Member
3. Sh. R.B. Pathak A.O.(B) Member The A.O. (B) informed the Committee that there are 23 posts of Chlorine Operator lying vacant at present. Applications were invited from Departmental Circular as well as from Employment Exchange 7 Item No. 27 C-5 O.A. No. 3463/2015 but none of the applicant were found eligible as per RR. The A.O. (B) further info that there is persistent demand to fill up the posts of Chlorine Operator. The Addl. Com. (w) vide his orders dated 21.193 constituted the aforesaid Screening Committee candidates who are matriculate with Science and experience of working on Chorinators (Maintenance and repair). The candidates with the above qualifications were produced before the Committee which recommends the following candidates who may be useful for the post of Chlorine Operator after some training at any of the water Treatment Plants.
S.No. Name/Father's Name Name of Deptt. Present Post held
1. Kali Dass/Braham Dass AE (E&M) Regular A Najafgarh
2. Om Kr./Bhim Singh Haiderpur Beldar Laboratory
3. Pramod Kr./Shri Bhagwan EE (E&M) B.P. -do-
4. Radhey Shyam/Chand Ram EE (E&M)-II -do-
5. Dhoop Narain EE (E&M)-II -do-
Pandey/Ishwar Dutt Pandey
6. Krishan Kr./Sardar Singh EE (E&M RWS -do-
North
7. Arjun Singh/Girish Chand EE (E&M OHT, -do-
Mangolpuri
8. Tarlok Singh/Bishamber EE (E&M) RWS, -do-
Dass North
9. Satish Kr./Gopal Singh EE (RWS) South -do-
10. Som Dutt/Hari Singh -do- APD
11. Dharamvir Singh/Khem Laboratory Lab. Att
Chand Haiderpur
12. Pawan Kr./Kartar Singh AE (E&M) Fitter
T.Wells NDS M/Roll.
Zone G.K.
13. Sanjay Kr./Kartar Singh EE (E&M) RW, Beldar
North M/Roll.
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Item No. 27 C-5 O.A. No. 3463/2015
14. Ajab Singh/Charam Singh EE (E&M)-IV -do-
15. Ashok Kr. Rai/Hari Bilas EE (E&M)-II Chlorine
Rai Operator
M/Roll.
14. Now this document which is a official document of the respondents, should leave no doubt that the appointment was for all intents and purposes, was regular in nature. In fact, it was also recommended that they should be given appropriate training to perform their jobs. It is also not in dispute that the engagement has been continued and uninterrupted since then. Further, at the time of engagement, regular scale of pay and emoluments attached to the post were extended in favour of the applicants. In fact, the case of the applicants gets substantiated and strengthened not so much from his own pleadings and arguments but from the documents placed on record.
15. It is quite apparent that the respondents have accepted the claim of the applicants for regularisation however, the same has been done during the year 2014. Why 2014 is not logically explained; the only explanation being that a sympathetic view was taken at this time and it was on account of this sympathetic view that the applicants were regularized.
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Item No. 27 C-5 O.A. No. 3463/2015
16. While we appreciate that the respondents
demonstrated sympathy towards the applicants, however, in our considered view, the applicants for all intents and purposes, were recruited/engaged as regular Chlorine Operator during the year 1993 and having continued since then uninterruptedly, are entitled for regularization w.e.f. the date of their initial engagement date is 02.04.1993.
17. In the light of what has been detailed and discussed above, the OA is allowed. The competent authority amongst the respondent is directed to issue an appropriate order forthwith regularising the applicants to the post of Chlorine Operator w.e.f. 02.04.1993.
18. Subsequent to this order, the applicants shall be entitled to all consequential benefits. However, such consequential benefits shall not entail payment of any arrears. Though, subsequent fixation of their salary including financial upgradation under MACP, Promotion etc. shall be extended in their favour.
19. These directions shall be complied with as expeditiously as possible, in no case later than a period of 12 weeks from the date of receipt of a copy of this order. 10
Item No. 27 C-5 O.A. No. 3463/2015
20. In the facts and circumstances, there shall be no orders as to costs.
(Pratima K. Gupta) (Tarun Shridhar) Member (J) Member (A) /NISHA/