Central Administrative Tribunal - Chandigarh
Mangtu Singh vs M/O Defence on 14 February, 2025
1 (O.A.No.060/205/2019)
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
O.A.No.060/205/2019
Chandigarh, Order Reserved: 12.12.2024.
Order Pronounced:14.02.2025
HON'BLE SHRI RAMESH SINGH THAKUR, MEMBER (J)
HON'BLE MRS. ANJALI BHAWRA, MEMBER (A)
Mangtu Singh, s/o Mal Singh, working as Leading Hand Fireman (B) in O/o 11 Field Ordnance Depot- 901911 C/o 56 APO (Group-C). ...Applicant (Advocate: Sh. Jagdeep Jaswal) VERSUS 1.Union of India through Secretary Ministry of Defence, South Delhi- 110011. 2.Director General of Ordnance Service Master, General of Ordnance Branch, IHQ of Min. of Defence (Army), DHQ Post Office, New Delhi - 110011. 3.Officer in Command, Army Ordnance Corps (Records) Secundrabad, C/o Pin 500015. 4.Commanding Officer, South Western Command (Ordnance), HQ- 908546 C/o 56 APO. 5.CommandingOfficer,11FieldOrdnanceDepot-901911C/o56 APO. ...Respondent(s) (Advocate: Sh. Sanjay Goyal, Sr. CGSC with Sh. Pankaj Khurana and Sh. Sahil Batra) 2 (O.A.No.060/205/2019) O R D E R Per: RAMESH SINGH THAKUR, MEMBER (J): 1. Applicant has preferred the present Original Application against impugned list dated10.12.2018(AnnexureA-1)wherebythejuniorsto the applicant have been detailed for SeniorFireSupervisorCourseand alsoagainstimpugnedorderdated03.01.2019(AnnexureA-2)whereby representation oftheapplicanthasbeenrejected.Applicanthassought the following reliefs: i) Impugned list dated 10.12.2018, Annexure A-1, whereby juniors to the applicant have been detailed for Senior Fire Supervisor Course ignoringtheapplicantandimpugnedorderdated03.01.2019,Annexure A-2, rejecting the representation of the applicant, be quashed and set aside. ii)TheapplicantbeheldentitledfordetailmentfortheSeniorSupervisor Course (Fire Staff),asexpeditiouslyaspossible,asthereisnofaulton his part in delayedcompletionofGeneralcourseinFirefightingandhe having completed such course in first attempt. He be also declared entitled to promotion as Senior Fire Supervisor, before his juniors with all consequential benefits, in accordance with law. iii)Anyotherorderforthegrantofrelieftotheapplicant,deemedfitby this Tribunal in the peculiar facts and circumstances of the case. iv) Costs of the application may also be awarded in favour of the applicant. 2. Applicant has made the following averments. Applicant initially joined the service of respondent department as Fireman w.e.f. 19.06.1982andhasbeenpromotedasLeadingHandFireman(A)w.e.f. 01.01.2005 and thereafter Leading Hand Fireman (B) in 01.04.2013. 3 (O.A.No.060/205/2019) Applicant had served the respondents for more than 36 years with honesty and dedication. 3. After promotion as Leading Hand Fireman (B) applicant has next channel ofpromotiontothepostofSeniorFireSupervisorforwhichhe is required to clear General Fire Fighting Course followed by Senior Supervisor FireCourse.ApplicantwasearlierdetailedbytheHQ,South Western Command vide their letter No. 57815/Comd FF/Q FS dated 27.07.2015 to attend 157th Gen Course in Fire Fighting w.e.f. 03.08.2015 to 23.10.2015 at CFEES, Timarpur,Delhi,andamovement order dated 01.08.2015 to this effect was also issued to applicant. However, the CFEES, Timarpur, Delhididnotallowapplicanttojointhe said course. 4. It is the contention of the applicant that if the applicant was allowedtoattendthesaidcourse,thecriteriaofhavingthreeyearstime duration between these courses would have been naturally completed by now. However, applicant was detailed to attend the Gen. Course in Fire Fighting at a much laterstagei.e.from01.02.2016to22.04.2016 and this delay is not attributable to the applicant. 5. It is submitted by the applicant that the Sr. Supervisor Course (Fire staff), was scheduled to commence at Centre for Fire, Explosive and Environment Safety, Delhi w.e.f. 14.01.2019 for which, the AOC Records has circulated impugned list of candidates dated 10.12.2018 (Annexure A-1), wherein many persons, who are otherwise junior to applicant in service, have been detailed to attend the course whereas, nameoftheapplicanthasnotbeenincludedtherein.Itisthecontention of the applicant that the aforesaid action is bound to cause an irreparable loss to the career of the applicant, as it will shut all the promotional avenues for the applicant. It is the contention of the applicant that namesofjuniorpersonsfindsmentionduetothereason that they were allowed to complete the General course in fire fighting 4 (O.A.No.060/205/2019) priortotheapplicantandtheyarenowintheprocessofcompletingthe 2nd Stage course also in time, and such accelerated promotions in servicewilladverselyaffectthecareerandmoraleofserviceseniors,in the long run. 6. It is submitted by the applicant that he submitted a detailed representation dated 26.12.2018 against the detailment of his juniors, and on 03.01.2019 the saidrepresentationwasrejected.TheApplicant filedOANo.060/25/2019,beforethisTribunalchallengingtheactionof the department in sending junior employees to Senior Fire Supervisor course, but since applicant was not in possession of complete list containing the names of candidates sent for Senior Fire Supervisor Course,theOAwasadjournedgrantingtimetotheapplicanttoplaceon record complete list. Thereafter applicant applied under RTI Act for supply of complete seniority list and alsothelistofcandidatessentfor Senior Fire Supervisor Course. In the meanwhile, sincetheSFScourse had already commenced w.e.f. 14.01.2019 and respondents were not supplyingtherelevantinformationtotheapplicant,hewascompelledto withdraw the above mentioned OA, which was permitted to be withdrawn the liberty to file fresh one vide order date 06.02.2019, (Annexure A-9). 7. It is submitted by the applicant that the relevant information showing the complete list of candidates sent for SFS Course has been supplied to the applicant only vide order dated 22.02.2019 and has been communicated to the applicant on 22.02.2019 (A-1/1). It is the contention of the applicant that action of the respondents in deputing the junior employees for SFS jeopardizing the promotional avenues of the applicant despite being senior is illegal and arbitrary andtherefore cannot be sustained in the eyes of law. 8. InreplytothepresentOriginalApplication,ithasbeensubmitted by the respondents that detailment of Senior Fire Supervisors (SFS) 5 (O.A.No.060/205/2019) Course is based on QR cum Seniority basis in terms of SRO 93/2006. The eligibility criteria for the said course is as under: (a) Status: Defence Fire Service Personnel preferably supervisory & equivalent status. (b)Professional:MinimumthreeyearsinserviceafterqualifyingGeneral Fire Fighting (GFF) Course. (c) Age: No age limit but should not be within three years of retirement. (d) Medical:Physically and mentally fit for strenuous training. Fitness standard should be of "ShapeOne"огequivalent(MedicalCertificateis essential.) 9. It is submitted by therespondentsthattheapplicantwasinitially appointed as Fireman w.e.f. 19.06.1982 and promoted to the post of LHF 'A' and LHF 'B' w.e.f. 01.01.2005 and01.04.2013respectivelyand serving at 11 FOD till date. The applicant has completed the 158th GeneralFireFighting(GFF)Coursew.e.f.01.02.2016to22.04.2016and 3 years of service will be completed on 22.04.2019. The 57th Senior Fire Supervisor's (SFS) Course commenced w.e.f. 14.01.2019 to 08.03.2019andtheindividualdoesnotfulfilltheQRCriteriai.e.should complete minimum three years in service after qualifying General Fire FightingCourse.Therefore,theapplicanthasnotbeendetailedfor57th SFS Course. 10. It is averred by the respondents that no junior to the applicant has been detailed for SFS Course. It is further submitted by the respondents that the information provided as per AOC Records signal dated 02.01.2019 is legal and valid. It is further submitted by the respondents that the applicant will notbedetailedfornextSFSCourse in future due to age criteria i.e., should not be within three years of retirement, as individual is due for retirement from service w.e.f. 14.04.2021. 6 (O.A.No.060/205/2019) 11. ItissubmittedbytherespondentsthatthevacanciesforGFSand SFS are allotted by the IHQofMoD(Army)(Q1(D))QMG'sBranchand based on QR Cum Seniority individuals are detailed for the courses by AOCRecords,and detailmentofjuniorstotheapplicantshasbeendone for GFF Course. It is further submitted by the respondents that for 154th and 155th GFF Course, IHQ of MoD (Army) has allotted few vacanciestoAOCRecordsandtoCommandHQ'sandinthisconnection, Command HQ's detailed individuals as per their own basis. 12. Itisfurtheraverredbytherespondentsthatnameoftheapplicant hasnotcomeunderseniorityfor154thand155thCourseandhencethe applicant has not been detailed by AOC Records for ibid courses. It is submitted by the respondents that Command HQ has not been forwarded the applicant's name for GFF Course in the year 2013 and 2014 and he lapsed his seniority. Detailment of GFF Course has been doneaccordingtotheQRCumSenioritybasisandtheapplicant'sname hasbeendetailedaccordinglyfor158thGFFCourseintheyear2016.It is contested by the respondents that the applicant can apply for the volunteer detailment of Sub Officer Course at NFSC Nagpur, as it is equivalent to SFS Course as per SRO 93/2006. It is submitted by the respondents that the necessary directions have already been issued to all the units vide office letter dated 02.04.2019.(Annexure R-3). 13. In rejoinder to reply filed by the respondents, it has been submitted by the applicant thatdespitefulfillingalleligibilityconditions anddespitebeingsenior,applicantwasillegallyignoredforsendinghim to 157th General FireFighting(GFF)CourseafterhispromotionasLHF (B) in 2013, whereas the Juniors, even in the lower cadre of LHF (A), were also detailed for General Fire Fighting (GFF)Course.Itisaverred bytheapplicantthatnocommunicationinthisregardwaseitherpasted on the notice board or made publictomaketheapplicantawareabout 7 (O.A.No.060/205/2019) the fact that his juniors are being detailed for General Fire Fighting (GFF) Course, ignoring him. 14. It is submitted by the applicant that in 2015, applicant was detailed for 157th General Fire Fighting (GFF) Course by Headquarter, South Western Command through letter dated 27.07.2015, but CFEE, Timarpur, Delhi did not allow the applicant to join the said course, withoutspecifyinganyreasons.Itisthecontentionoftheapplicantthat if he had been allowed, he wouldhavecompleted3yearsbetweenthe two courses ie. General Fire Fighting (GFF) and Senior Fire Supervisor (SFS)andtherebywouldhavebeeneligibleforpromotiontothepostof Sr. Fire Supervisor. 15. It is contested by the applicant thatontheonehandithasbeen stated by the respondents that no junior to the applicant has been detailed for SeniorFireSupervisor(SFS)Courseandontheotherhand the names of juniors are mentioned by respondents themselves in the writtenstatement,andtheonlyreasontodetailthetwowhojuniorshas beengiventhattheyhavebeendetailedforGeneralFireFighting(GFF) by the Headquarters Office and not by AOC records. It is further contested by theapplicantthattheHeadquartersOfficeisalsopartyto present Original Application and, even they could nothaveignoredthe applicant for General Fire Fighting (GFF) Course. 16. Itisfurthercontestedbytheapplicantthathisnamewassentby theSouthWesternCommandfor157thCoursein2015,buthewasnot allowed to appear in the Course, and now respondentshaveaskedthe applicanttoapplyfordetailmentofSubOfficerCourseatNFSC,Nagpur statingittobeequivalenttotheSeniorFireSupervisor(SFS)Course.It is the contention of the applicant that the same cannot legalize the illegality committed by the respondents in ignoring the applicant for General Fire Fighting (GFF) and Senior Fire Supervisor (SFS) and the applicant deserves to be considered fit for promotion at par with his 8 (O.A.No.060/205/2019) juniors and if necessary to impart Senior Fire Supervisor (SFS)Course immediatelytotheapplicantforwhichthereisnofaultonhispart.The applicanthascontestedthatheshallbegrantedhisseniority,promotion above the juniors, who have been made eligible prior to applicant by adopting the policy of pick and choose as such policy is clearly unsustainable in the eyes of law. 17. ThisTribunalhasheardld.counselforbothsidesandperusedthe materialonrecord. Fromthepleadingsitself,itisadmittedfactthatthe applicant was appointed asfiremanw.e.f.19.06.1982andpromotedas LeadingHandFireman(A)w.e.f.01.01.2005,andthereafterasLeading HandFireman(B)w.e.f.01.04.2013.Thenextchannelofpromotionfor the applicant is to the post of Senior Fire Supervisor for which he is required to clear General Fire Fighting Course followed by Senior Supervisor Fire Course. The applicant was detailed by HQ, SW Commandvideletterdated27.07.2015toattend157thGeneralCourse in Fire Fighting w.e.f. 03.08.2015 to 23.10.2015 at CFEES, Timarpur, Delhi and movement order dated 01.08.2015 (A-3) was issued to the applicant,howeverCFEES,Timarpur,Delhididnotallowtheapplicantto join the said course without specifying any reasons. Thereafter the applicant was detailed to attend the 158th General Course in Fire Fighting w.e.f. 01.02.2016 to 22.04.2016 and the applicant completed the said course. Subsequently, the 57th Sr. Supervisor Course (Fire Staff) was scheduled to commence at Centre for Fire, Explosive and Environment Safety, Delhi w.e.f. 14.01.2019 to 08.03.2019, and the applicantwasnotdetailedforthesaidcoursebytherespondentsonthe groundsthattheapplicantshouldhavecompletedminimumthreeyears in service after qualifying General Fire Fighting Course, andshouldnot be within three years of retirement.Assuch,ithasbeencontendedby ld. counsel for the respondents that having completed 158th General 9 (O.A.No.060/205/2019) FireFightingCourseon22.04.2016,theapplicantwouldonlybeeligible for the Sr. Supervisor Course only w.e.f. 22.04.2019. 18. Ld. counsel for the applicant has contested the above contention oftherespondentsstatingthathavingbeendetailedtoattendthe157th General Fire Fighting Course w.e.f. 03.08.2015 to 23.10.2015, the applicant would have completed three years to be eligible for the Sr. Supervisor Course in 2018, and would have beeneligibletoappearfor the57thSr.SupervisorCourseheldfrom14.01.2019to08.03.2019,at par with his juniors, and therefore the applicant would complete the requisite courses for promotion to the post of Senior Fire Supervisor. 19. Ld. counsel fortheapplicanthasrelieduponjudgmentpassedby this Tribunal in OA No. 672-PB-2010 dated 19.10.2011 in case titled BalkaranSinghVs.UnionofIndia&ors.,wherein,ithasbeenheldthat there is no reasonwhytheapplicantshouldsufferjustbecausenotest in his service area was held at an earlier point of time, and the competent authorities ought to have granted that benefit to the applicant with effect from the date his juniors were promoted. Ld. counsel for the applicant has further relied upon judgment passed by this Tribunal in OA No. 060/1152/2017 dated 05.12.2024incasetitled Mohd.Hanif&Ors.Vs.UnionofIndia&Ors.,whereinthisbench,while relying upon judgment in the case of State of Karnataka vs T. Chandrashekhar, 2005 SCT(1), has held that the Government servant passesthedepartmentalexaminationonthedatewhenhetakespartin theexaminationandnotonthedatewhentheresultoftheexamination and not on the date when the result of the examinationisannounced, andfurtherheldthattheapplicantcannotbemadetosufferanddenied promotion due to the inaction of the respondents. 10 (O.A.No.060/205/2019) 20. ThisTribunalhasconsideredthematter.InthematterofBalkaran Singh Vs. Union of India & ors (supra), this Tribunal has observed as under: " 11.Wehavenoreservationsinnegativingtheresistanceofferedonbehalf of the respondents. There can be no dispute that the documentation aforementioneddoesnotpurporttobeanorderandit,infact,purportstobe aproposal.Nonetheless,thatdocumentationdoesnoticeonpointoffactthat the trade test in the service area ofthejuniorsoftheapplicantcametobe heldearlier;whilethetradetestinserviceareaoftheapplicantwasnotheld at that point of time. There is also a recommendation on point of fact that the claim raised by the applicant herein is justified and there is no reason whyheshouldsufferjustbecausenotestinhisserviceareawasheldatan earlier point of time." In the instant case, we find that the applicant was detailedtoattend 157thGeneralCourseinFireFightingw.e.f.03.08.2015to23.10.2015 andwasissuedmovementorderdated01.08.2015(A-3),however,the applicant was not allowedtoappearinthecoursebytherespondents without specifying any reason. We find that the reply filed by the respondentsisalsosilentastothereasonfordisallowingtheapplicant toappearinthe157thGeneralFireFightingCourse.Asaresultofthe aforesaidactionoftherespondents,evenaftersuccessfullycompleting the158thGeneralFireFightingCoursein2016,theapplicantcouldnot complete three years of service in time to be eligible to attend the 57th Sr. Supervisor Course held from 14.01.2019 to 08.03.2019, wherein even juniors to the applicant were detailed. We are of the view that the applicant should not suffer because of the unexplained actionoftherespondentsindenyingtheapplicanttoattendthe157th GFFcourse,consequenttowhichtheapplicantwasmadeineligiblefor further courses and consequent promotion. 21. Resultantly, having considered thefactsandcircumstancesofthe present case, and in light of the ratio of judgments passed by this Tribunal in the case of Balkaran Singh Vs. UnionofIndia&ors.(supra) 11 (O.A.No.060/205/2019) and also in the case of Mohd. Hanif & ors. vs. Union of India & ors. (supra),wefinditpropertodisposeofthepresentOAwithdirectionto the respondents to treat the applicant as deemed to have cleared the 157th General Course in Fire Fighting w.e.f. 03.08.2015, and consider the applicant as notionally eligible for Sr. Supervisor Course and subsequent promotion to the post of Sr. Fire Supervisor at par with juniorsoftheapplicantdetailedforSr.SupervisorCoursevidelistdated 10.12.2018 (Annexure A-1). As a consequence of such exercise, notional benefits, if any, shall also be granted to the applicant. The aforesaid exercise shallbecarriedoutwithineightweeksofthereceipt of this order. No costs. (ANJALI BHAWRA) (RAMESH SINGH THAKUR) MEMBER (A) MEMBER (J) s*