Central Administrative Tribunal - Ernakulam
K. Vijayan vs The Chief Engineer (Naval Works) on 12 December, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No. 109 of 2012
Wednesday, this the 12th day of December, 2012
CORAM:
HON'BLE Mr. JUSTICE P.R. RAMAN, JUDICIAL MEMBER
HON'BLE Mr. K. GEORGE JOSEPH, ADMINISTRATIVE MEMBER
1. K. Vijayan, S/o. Gopalan Nambiar,
MES No. 109893, Chowkidar,
Office of the Garrison Engineer (Naval Works),
South Kochi, Kataribagh, Naval Base (P.O),
Kochi - 682 004.
2. K.G. Rajan, S/o. K.K. Gopalan,
MES No. 109882, Safaiwala,
Office of the Garrison Engineer (Electrical Mechanical),
Naval Works, Naval Base (P.O),
Kataribagh, Kochi - 682 004.
3. K. Madanan, S/o. N. Krishnan,
MES No. 109840, Safaiwala,
Office of the Garrison Engineer (Naval Works),
South Kochi, Kataribagh, Naval Base (P.O),
Kochi - 682 004.
4. K.A. Rajappan, S/o. Ayyer,
MES No. 109946, Chowkidar,
O/o. The Garrison Engineer (Naval Works),
South Kochi, Kataribagh, Naval Base (P.O),
Kochi - 682 004.
5. N.C. Subramanian, S/o. Chanjan,
MES No. 109861, Chowkidar,
Office of the Garrison Engineer (Naval Works),
North Kochi, Kataribagh, Naval Base (P.O),
Kochi - 682 004.
6. Ajeesh P. John, S/o. P.K. Johny,
MES No. 138274, Chowkidar,
Office of the Garrison Engineer (Naval Works),
South Kochi, Kataribagh, Naval Base (P.O),
Kochi - 682 004.
7. K. Syamala, D/o. Damodaran,
MES No. 138200, Safaiwala,
Office of the Garrison Engineer (Naval Works),
South Kochi, Kataribagh, Naval Base (P.O),
Kochi - 682 004.
8. C.A. Sebastian, S/o. C.P. Antony,
MES No. 109839, Safaiwala,
Office of the Garrison Engineer (Naval Works),
North Kochi, Kataribagh, Naval Base (P.O),
Kochi - 682 004.
9. V. Sarasamma, D/o. Raman,
MES No. 138214, Safaiwala,
Office of the Garrison Engineer (Naval Works),
North Kochi, Kataribagh, Naval Base (P.O),
Kochi - 682 004.
10. K. Bhaskaran, S/o. V. Kunhambu,
MES No. 187937, Chowkidar,
Office of the Garrison Engineer (Independent)
Maintenance, Military Engineer Services,
Naval Academy, Ezhimala - 670 310.
11. P. Babu, S/o. Kunhiraman,
MES No. 608452, Chowkidar,
Office of the Garrison Engineer (Independent)
Maintenance, Military Engineer Services,
Naval Academy, Ezhimala - 670 310.
12. P.K. Chellamma, D/o. Kuttan,
MES No. 187085, Safaiwala,
Office of the Assistant Garrison Engineer (Independent)
Research Development, Military Engineer Services,
Thrikkakkara Post, Kakkanad, Kochi - 682 021.
13. M. Anil Kumar, S/o. Late K.K. Madhava Kurup,
MES No. 187932, Chowkidar,
Office of the Assistant Garrison Engineer (Independent)
Research Development, Military Engineer Services,
Thrikkakkara Post, Kakkanad, Kochi - 682 021.
14. K.M. Omana, W/o. Varghese George,
MES No. 187938, Safaiwala,
Office of the chief Engineer (Naval Works),
Military Engineer Service, Kataribagh,
Naval Base (P.O), Kochi - 682 004.
15. M. Chandran, S/o. Late Malingu Naik,
MES No. 605 156, Chowkidar,
Office of the Assistant Garrison Engineer (Independent),
Research Development, Military Engineer Services,
Thrikkakkara Post, Kakkanad, Kochi - 682 021. - Applicants
(By Advocate Mr. P.K. Madhusoodhanan)
versus
1. The Chief Engineer (Naval Works),
Military Engineer Services,
Kataribagh, Naval Base (P.O),
Kochi - 682 004.
2. The Commander Works Engineer (Naval Works),
Military Engineer Services, Kataribagh,
Naval Base (P.O), Kochi - 682 004.
3. The Chief Engineer,
Head Quarters, Southern Command,
Engineers' Branch, Pune - 411 001.
4. Engineer-in-Chief,
Engineer-in-Chief's Branch,
Army Headquarters, DHQ (P.O),
New Delhi - 110 001.
5. Union of India represented by its
Secretary, Ministry of Defence,
Central Secretariat, New Delhi - 110 001.
6. Garrison Engineer (Independent) Maintenance,
Military Engineer Service, Naval Academy,
Ezhimala - 670 310.
7. Assistant Garrison Engineer (Independent)
Research & Development, Military Engineer Services,
Thrikkakkara Post, Kakkanadu,
Kochi - 682 021. - Respondents.
(By Advocate Mr. Sunil Jacob Jose, SCGSC)
This application having been heard on 16.11.2012, the Tribunal on
12.12.12 delivered the following:
O R D E R
By HON'BLE Mr. K. GEORGE JOSEPH, ADMINISTRATIVE MEMBER The applicants were initially appointed in the posts of Chowkidar/Safaiwala, which were unskilled non-industrial Group-D posts during the period from 18.04.1988 to 14.12.2000. They had opted for promotion to the semi skilled industrial posts for which they had passed the respective trade tests. On the recommendations of the VIth Central Pay Commission, the pay scales of unskilled and semi skilled worker (Mate) were merged together in PB-1 of Rs. 5200-20200 plus Grade Pay of Rs. 1800/- as per Annexure A-3. The applicants were redesignated as Mates. The merger was, however, kept in abeyance as per Annexure A-12 in respect of Chowkidars and Safaiwalas only, leaving the Mazdoors who are juniors to the applicants in the seniority list at Annexure A-2 unaffected. Mazdoors are now proposed to be considered for promotion to the skilled posts. Aggrieved, the the applicants have filed this O.A for the following reliefs:
(i) Declare that the applicants are eligible and entitled to be considered and merged/redesignated as Mate as ordered in Annexure A-3, A-6 to A-9 and the like and with all the attendant benefits, including monetary benefits with arrears arising therefrom;
(ii)Issue necessary directions to the respondents to grant the applicants redesignation/merger as Mate as ordered in Annexures A-3, A-6 to A-9 and similar orders, untrammeled by Annexures A-12, A-13 and A-14 with all consequential benefits, including arrears arising therefrom and disburse the same forthwith, at any rate within a time limit to be fixed by the Hon'ble Tribunal;
(iii)Issue necessary directions to the respondents to grant and disburse to the applicants the benefits of the order at Annexure A-3 forthwith in preference to their juniors, with anterior dates eligible to them than their juniors, untrammeled by Annexures A-12, A-13 and A-14;
(iv)Issue necessary directions to the respondents not to unsettle the seniority of the applicants in Annexure A-2 with that of the Mazdoors juniors to them therein, pursuant to Annexures A-12, A-13 and A-14 orders, and not to conduct proceedings to grant them promotion to skilled posts in preference to the applicants who are seniors to them.;
(v)Award costs of these proceedings; and
(vi)Grant such other and further reliefs as this Hon'ble Tribunal deems fit and proper.
2. The applicants contended that Annexure A-12 is arbitrary, discriminatory and opposed to Annexure A-3. Consequential orders at Annexures A-13 and A-14 are, therefore, liable to be set aside. Although they were granted Group-C post of Mate, the same has been cancelled without any justifiable reasons, in clear violation of principles of natural justice. The clarification sought by the 3rd respondent from the 4th respondent is not a justifiable reason to cancel the merger of the posts as Mate as per Annexure A-3. They would loss seniority for no fault of theirs. Their settled service conditions are adversely affected resulting in senior becoming junior affecting their career progression. The order passed by the higher authority at Annexure A-3 cannot be cancelled by the lower authority as done herein. The applicants are also eligible to be considered for skilled posts. Those Mazdoors who are juniors to the applicants in Annexure A-2 had already been granted the designation as Mates and they are going to be considered and promoted to skilled posts in preference to the applicants.
3. The respondents in their reply statement submitted that it was clarified vide letter dated 14.02.2012 received under letter dated 29.02.2012 that Chowkidars/Safaiwalas are non industrial category and hence those posts cannot be merged with Mate which is an industrial category post. However, those Chowkidars/Safaiwalas who had already been promoted as Mates before the date of issue of letter dated 08.02.2011 would remain so and they should not be demoted.. They have acted as per the clarification received from the competent authority. Therefore, their action cancelling the reclassification of the applicants from Chowkidars/Safaiwalas to Mates is in order.
4. In the rejoinder statement, the applicants submitted that the Chowkidar/Safaiwala and the Mazdoor (Unskilled) have been in the feeder categories for Mate (Semi Skilled) and they were further promoted to various skilled trades in the industrial category. Accordingly, a common service seniority list of Chowkidar, Safaiwala and the Mazdoor are maintained. The clarification given by the 4th respondent in the letter dated 14.02.2012 appears to be contrary to the established position with reference to the career prospects of Chowkidar and Safaiwala in the MES. The differentiation of Chowkidars/Safaiwalas who have been promoted as Mates before 08.02.2011 and promoted thereafter is unreasonable. True copy of the letter dated 29.02.2012 has not been produced by the respondents, nor the letter dated 14.02.2012. The applicants who were waiting for promotion are now deprived of their further career prospects in service as only Mazdoors have been merged with Mate (Semi Skilled) with effect from 09.09.2008. Even those Mazdoors who are juniors to the applicants in the common seniority list, have been given the benefit of Annexure A-3.
5. We have heard Mr. P.K. Madhusoodhanan, learned counsel for the applicants and Mr. Sunil Jacob Jose, SCGSC, appearing for the respondents and perused the records.
6. As per Annexure A-2 seniority list, Chowkidar/Safaiwala/Mazdoor are having a common integrated seniority list. They are all unskilled workers as per Annexure A-3 dated 08.02.2011. All unskilled trades were merged with corresponding semi skilled trades with effect from 09.09.2008. Annexure A-3 does not discriminate against any unskilled category. The respondents uniformly implemented the merger, treating Chowkidars and Safaiwalas as unskilled workers for the purpose of their promotion to the industrial line as they had already passed the trade test for promotion to the semi skilled category. But the letter dated 14.02.2012 from the competent authority received under letter dated 29.02.2012 clarified that being non industrial posts, the posts of Chowkidar/Safaiwala cannot be merged with the post of Mate and that those who have already been promoted as Mate before the issue of letter dated 08.02.2011 would remain so and they should not be demoted. Neither the letter of 14.02.2012 nor the letter of 29.02.2012 is produced by the respondents. What is produced at Annexure R-1 is the letter dated 08.02.2011 available at Annexure A-3. The action taken by the respondents show that these letters travel in a direction reverse to the policy of the Government to integrate the cadres consequent to VIth CPC. They segregate the Chowkidars/Safaiwalas from the Mazdoors and nullify their promotion prospects inspite of the integrated seniority list and inspite of being in the feeder cadres and qualified for promotion to the post of Mate as per the Recruitment Rules. This is patent discrimination against the Chowkidars and Safaiwalas which is further aggravated by the division of Chowkidars and Safaiwalas by imposing the fortuitous cut off date of 08.02.2011 to protect those who have already been promoted as Mate. Those Chowkidars and Safaiwalas who could not be promoted before 08.02.2011 are left in the lurch. When the Mazdoors who are juniors to the applicants are made Mates, denial of the same to the applicants who are fully qualified for promotion as Mate is a clear violation of settled service conditions and the principle of equality and equality of opportunity enshrined in Articles 14 and 16 of the Constitution of India. The author of Annexure A-12 who requested to keep in abeyance the merger of Chowkidar and Safaiwala with Mate (Semi Skilled) till further orders perhaps, did not realise what it does to the applicants who are subjected to discrimination, denial of natural justice and denial of consideration for promotion. Hence, in the interest of justice, the O.A is allowed as under.
7. Annexures A-12 dated 30.11.2011, A-13 dated 19.12.2011 and A-14 dated 19.12.2011 are quashed. The respondents are directed to grant all the benefits of the order at Annexure A-3 dated 08.02.2011 forthwith as well as to consider them for promotion to skilled posts keeping in mind their seniority in Annexure A-2 seniority list.
8. No order as to costs.
(Dated, the 12th December, 2012)
(K. GEORGE JOSEPH) (JUSTICE P.R. RAMAN)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
cvr.