Central Administrative Tribunal - Patna
Md Zamad Ali Mian vs Sports Authority Of India on 6 March, 2019
-1- TA/050/00002/14
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
TA/050/00002/14
Reserved on: 28.02.2019
Pronounced on: 06.03.2019
CORAM
HON'BLE MR. JAYESH V. BHAIRAVIA, JUDICIAL MEMBER
HON'BLE MR. DINESH SHARMA, ADMINISTRATIVE MEMBER
1. Mohammad Zammad Ali Mian Son of Late Iddu Mian, Youth Co-ordinator,
Nehru Yuva Kendra, Bhojpur, Arrah, PS- Arrah, District- Bhojpur.
2. Dr. Janardan Sharma, Son of Krishna Sharma, Youth Co-ordinator, Nehru
Yuva Kendra, Begusarai, PS- Begusarai, District- Begusarai.
3. Mohammad Ishaque Ansari, Son of Late Mohammad Abbas Ansari, Youth
Co-ordinator, Nehru Yuva Kendra, Purnia, PS- Purnia, District- Purnia.
4. Shashi Kant Choudhary, Son of Late Shobha Kant Choudhary, Youth Co-
ordinator, Nehru Yuva Kendra, Madhubani, PS- Madhubani, District-
Madhubani.
.... Applicants.
By Advocate: - Mr. M.P. Dixit
-Versus-
1. The Union of India through the Secretary, Ministry of Youth Affairs nd
Sports, Government of India, Shastri Bhawan, New Delhi.
2. Director General, Nehru Yuva Kendra Sangathan, East Plaza, Indira Gandhi
Indoor Stadium, New Delhi- 110001.
3. R.R. Joshira, son of Not known to the petitioner Regional Co-ordinator Nehru
Yuva Kendra Sangathan, Mini Vidhan Soudha, Opposite D.C. Residence
Dharwad, Karnataka- 580001.
4. K.S. Negi, Son of Not known to the petitioner Regional Co-Ordinator Nehru
Yuva Kendra Sangathan, Jabalpur, PS- Jabalpur, District- Jabalpur (Madhya
Pradesh).
5. Deleted.
6. H.L. Halkoti, Son of not known to the petitioner, Regional Co-ordinator,
Mysore, PS- Mysore, District- Mysore (Karnakata).
7. R. Cheluvaraj, Son of Not Known to the petitioner Regional Co-ordinator,
Warangal, PS- Warangal, District Warangal (Andhra Pradesh).
8. A. Sridharan, Son of not known to the petitioner, Zonal Director, Nehru Yuva
Kendra Sangathan, Gauhati, PS & District- Gauhati.
9. H.C. Joshi, Son of not known to the petitioner, Regional Co-ordinator, Nehru
Yuva Kendra Sangathan, Gorakhpur, PS and District- Gorakhpur.
10. Deleted.
11. V.K. Shukla, Son of not known to the petitioner, Regional Co-ordinator,
Nehru Yuva Kendera Sangathan Head Quarter, New Delhi East Plaza Indira
Gandhi Indoor Stadium.
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12. D.K Gupta, Son of not known to the petitioner, Regional Co-ordinator, Nehru
Yuva Kendra Sangathan Head Quarter, Indira Gandhi Indoor Stadium, East
Plaza, New Delhi.
13. N.N. Bora, Son of not known to the petitioner, Regional Co-ordinator, Nehru
Yuva Kendra Sangathan, Shillong, PS and District- Shillong (Meghalaya).
14. R.K.P. Srivastava, Son of not known to the petitioner Regional Co-ordinator
Nehru Yuva Kendra Sangathan, Muzaffarpur, PS and District- Muzaffarpur
(Bihar).
15. Y. Kondappa, Son of not known to the petitioner, Regional Co-ordinator
Nehru Yuva Kendra Sangathan, Madurai, PS and District- Madurai
(Tamilnadu).
16. Dr. C.S. Singh, Son of not known to the petitioner Regional Co-ordinator
Nehru Yuva Kendra Sangathan, Allhabad, PS and District- Allahabad (Uttar
Pradesh).
17. J. Kathuria, Son of not known to the petitioner Regional Co-ordinator Nehru
Yuva Kendra Sangathan Head Quarter Indira Gandhi Indoor Stadium, East
Plaza, New Delhi.
18. Chaudhari Md. Atif Son of not known to the petitioner Regional Co-ordinator
Nehru Yuva Kendra Sangathan, 16 Race Course Road, Gwalior, Madhya
Pradesh.
19. Virendra Khatri, son of not known to the petitioner Regional Co-ordinator
Nehru Yuva Kendra Sangathan A/3 Mudra Complex, Opposite Kedar Flates
Ellora park, Barodara, Gujrat.
20. Mrs. Anita Bhartiya, wife of not known to the petitioner Regional Co-
ordinator, Nehru Yuva Kendra Sangathan, Mohan Bhawan, Near Nasrani
Cinema Chopasani, Main Road, Jodhpur, Rajsthan.
21. G.P.S Negi, Son of not known to the petitioner, Dy. Director (Special
Programme) Nehru Yuva Kendra Sangathan, Head Quarters Indira Gandhi
Indoor Stadium, New Delhi.
22. A.P. Ghildayal, son of not known to the petitioner Regional Co-ordinator
(Adventure Programme) Nehru Yuva Kendra Sangathan,C/o Mohanlal
Sharma near Pension Hospital, Niranjanpur, PS- Mazra Dehradoon
Uttaranchal.
23. Alwan Maih, son of not known to the petitioner Deputy Director (Personnel),
Nehru Yuva Kendra Sangathan, Head Quarters Indira Gandhi Indoor
Stadium, New Delhi.
24. A.K. Sarogi, Son of not known to the petitioner Regional Co-ordinator Nehru
Yuva Kendra Sangathan, 23 Prince Yaswant Road Indaur, Madhya Pradesh.
25. Dr. Arun Kumar, Son of not known to the petitioner Regional Co-ordinator
Nehru Yuva Kendra Sangathan, Merruth, PS and District- Meeruth (Uttar
Pradesh).
26. J.S. Kooner, Son of not known to the petitioner Regional Co-ordinator Nehru
Yuva Kendra Sangathan, 2 Hargobindpura Near Layalpur Khalsa College,
Jalandhar- 144001 (Punjab).
27. Dr. Khalid Hassan Khan, son of not known to the petitioner Regional Co-
ordinator, Nehru Yuva Kendra Sangathan, Stainley Road Kamla Nagar,
Allahabad- 211003 (Uttar Pradesh).
28. M.P. Gupta, Son of not known to the petitioner Regional Co-ordinator,
Nehru Yuva Kendra Sangathan, Head Quarter Indira Gandhi Indoor Stadium,
New Delhi.
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29. Dr. Harish Chandra Singh, son of not known to the petitioner Regional Co-
ordinator Nehru Yuva Kendra Sangathan, Nagpur, PS and District- Nagpur
(Maharastra).
30. R.P. Bhardwaj, son of not known to the petitioner Regional Co-ordinator
Nehru Yuva Kendra Sangathan, Public Library, Near Yog Maya Mandir,
Mehrauli, New Delhi- 110030.
31. Ihquan Guang, son of not known to the petitioner Regional Co-ordinator
Nehru Yuva Kendra Sangathan, Itanagar, PS and District- Itanagar (Arunachal
Pradesh).
32. R.P.S. Thakur, son of not known to the petitioner Regional Co-ordinator
Nehru Yuva Kendra Sangathan, PS and District- Birbhum (Orissa).
33. A.K. Kaushik, son of not known to the petitioner Regional Co-ordinator
Nehru Yuva Kendra Sangathan, Kanpur, PS and District- Kanpur (Uttar
Pradesh).
34. B.S. Khosa, son of not known to the petitioner, Regional Co-ordinator Nehru
Yuva Kendra Sangathan, Raurkela, PS and District- Raurkela(Orissa).
35. Jaipal Mallick, son of not known to the petitioner Deputy Director (Audit),
Nehru Yuva Kendra Sangathan, Head Quarter-Indira Gandhi Indoor Stadium,
New Delhi.
36. S.N. Sharma, son of not known to the petitioner Regional Co-ordinator
Nehru Yuva Kendra Sangathan, DD-17 Ansal Colony, Suryodaya Vihar, Near
Shergadhi Merruth, Uttar Pradesh- 250001.
37. R.K. Kuondu, son of not known to the petitioner Regional Co-ordinator
Nehru Yuva Kendra Sangathan, Raipur, PS and District- Raipur (Madhya
Pradesh).
38. S.P. Pattnaik, son of not known to the petitioner Regional Co-ordinator
Nehru Yuva Kendra Sangathan, Coimbatore, PS and District- Coimbatore
(Tamilnadu).
39. Sukhdeo Singh, son of not known to the petitioner Regional Co-ordinator
Nehru Yuva Kendra Sangathan, Panji, PS and District- Panji (Goa).
40. Nand Kumar Singh, son of not known to the petitioner Regional Co-ordinator
Nehru Yuva Kendra Sangathan, Bhagalpur, PS and District- Gauhati, (Bihar).
41. Miss. Jackie Ruiwah, daughter of not known to the petitioner Regional Co-
ordinator Nehru Yuva Kendra Sangathan, Gauhati, PS and District- Nagpur
(Maharastra).
42. B. Gangopadhyaya, son of not known to the petitioner Regional Co-
ordinator, Nehru Yuva Kendra Sangathan, Agartala, PS and District- Agartala
(Tripura).
43. Miss. Rita Bhagat, daughter of not known to the petitioner Regional Co-
ordinator Nehru Yuva Kendra Sangathan, Gaya, PS and District- Gaya (Bihar).
44. Pankthung Lotha, son of not known to the petitioner Regional Co-Ordinator
Nehru Yuva Kendra Sangathan, Gangtok, PS and District- Gangtok (Sikkim).
45. S.K. Bhattacharaya, son of not known to the petitioner Regional Co-
ordinator Nehru Yuva Kendra Sangathan, Vijayawada, PS and District-
Nagpur (Andhra Pradesh).
46. Dinesh Roy, son of not known to the petitioner Regional Co-ordinator Nehru
Yuva Kendra Sangathan, Gwalior, PS and District- Gwalior, Madhya Pradesh
(Madhya Pradesh).
47. Deleted.
48. S. Satheese, son of not known to the petitioner Regional Co-ordinator,
Nehru Yuva Kendra Sangathan, Madurai, PS and District- Madurai
(Tamilnadu).
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49. Dr. A.R. Nair, son of not known to the petitioner Regional Co-ordinator
Nehru Yuva Kendra Sangathan, Calicut, PS and District- Calicut (Kerela).
50. Mrs. J.A. Mohite, wife of not known to the petitioner Regional Co-ordinator,
Nehru Yuva Kendra Sangathan, Ujjain, PS and District- Ujjain (Madhya
Pradesh).
51. Nabin Kumar Naik, son of not known to the petitioner Regional Co-ordinator
Nehru Yuva Kendra Sangathan, Allhabad, PS and District- Allahabad (Uttar
Pradesh).
52. R. Natrajan, son of not known to the petitioner Regional Co-ordinator Nehru
Yuva Kendra Sangathan, Combatore, PS and District- Coimbatore
(Tamilnadu).
53. G. Vergesse, son of not known to the petitioner Regional Co-ordinator Nehru
Yuva Kendra Sangathan, Head Quarters- Indira Gandhi Indoor Stadium, New
Delhi.
54. Shyam Sundar, son of not known to the petitioner Regional Co-ordinator
Nehru Yuva Kendra Sangathan, Nagpur, PS and District- Nagpur
(Maharastra).
55. B.S. Gill, son of not known to the petitioner Regional Co-ordinator Nehru
Yuva Kendra Sangathan, Gwalio, PS and District- Gwalior (Madhya Pradesh).
56. Upendra Thakur, son of not known to the petitioner Regional Co-ordinator
Nehru Yuva Kendra Sangathan, Muzaffarpur, PS and District- Muzaffarpur
(Bihar).
57. Sita Ram Prasad, son of not known to the petitioner Regional Co-ordinator
Nehru Yuva Kendra Sangathan, Alipur, New Delhi.
58. Rishipal, son of not known to the petitioner Regional Co-ordinator Nehru
Yuva Kendra Sangathan, Agra, PS and District- Agra (Uttar Pradesh).
59. H.S. Shukla, son of not known to the petitioner Regional Co-ordinator Nehru
Yuva Kendra Sangathan, Sangathan Panji, PS and District- Panji (Goa).
60. M. Sadacharwel, son of not known to the petitioner Regional Co-ordinator
Nehru Yuva Kendra Sangathan, Mysore, PS and District- Mysore (Karnataka).
61. Apoorva Sinde, son of not known to the petitioner Regional Co-ordinator
Nehru Yuva Kendra Sangathan, Gaziabad, PS and District- Gaziabad (Uttar
Pradesh).
62. V.R. Nair, son of not known to the petitioner Regional Co-ordinator Nehru
Yuva Kendra Sangathan.
63. S.P. Kushbaha, son of not known to the petitioner Regional Co-ordinator
Nehru Yuva Kendra Sangathan, Kaithal, Haryana.
64. Santosh Mal Mehta, son of not known to the petitioner, Zonal Director,
Nehru Yuva Kendra Sangathan, New Colony, Jaipur, PS and District- Jaipur
(Rajasthan).
65. N.C. Joshi, son of not known to the petitioner Zonal Director, Nehru Yuva
Kendra Sangathan, Imphal, PS & District- Hyderabad (Andhra Pradesh).
66. V. Gobinda Reddy, son of not known to the petitioner Zonal Director, Nehru
Yuva Kendra Sangathan, Hyderabad, PS and District- Hyderabad (Andhra
Pradesh).
67. O.P. Sharma, son of not known to the petitioner, Zonal Director, Regional
Co-ordinator Nehru Yuva Kendra Sangathan, New Simla, (Himachal
Pradesh).
67(A). Ram Lakhan Roy, son of not known to the petitioner, Youth Co-ordinator,
Nehru Yuva Kendra Sangathan.
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68. Swapan Kumar Thakur, son of not known to the petitioner Director Finance
(Accounts).
69. Sunil Mallick, son of not known to the petitioner, Director Programme.
70. Chandra Shekhar Pran, son of not known to the petitioner Director on Sendy
leave.
71. K.L. Khanna, son of not known to the petitioner, Director Planning and
Media.
Nos. 68 to 71 posted at Head Quarter Nehru Yuva Kendra Sangathan Indira
Gandhi Indoor Stadium, New Delhi.
.... Respondents.
By Advocate: - Bindhyachal Rai.
ORDER
Per Dinesh Sharma, A.M:- This case has been transferred to this Tribunal by the Hon'ble High Court, Patna in view of the IA No. 6365/2013 dated 02.09.2013 filed by the petitioners in that case for such transfer in pursuance of a notification dated 31.10.2008 bringing the Nehru Yuva Kendra Sangathan (hereinafter referred to as Sangathan) within the purview of the Administrative Tribunal Act.
2. The case of the applicants (which was filed in the form of civil writ CWJC No. 8647/2003 before the Hon'ble Patna High Court) is that they have been superseded by the orders of Nehru Yuva Kendra Sangathan dated 18.06.1999, 07.07.2000, 14.03.2002, 22.04.2002 and 17.04.2003, and persons junior to the applicants have been granted promotion to the post of Regional Co-ordinator and Zonal Director from the post of Youth Co- ordinator arbitrarily and in violation of the relevant rules. According to them, the post of Regional Co-ordinator or Dy. Director is 100% promotional post. Hence, Youth Coordinators having a regular service of 5 years or Section Officers having 10 years of regular service are eligible for promotion to this post. Similarly, the post of Zonal Director is also 100% promotional
-6- TA/050/00002/14 post and the Regional Co-ordinators with five years of regular service or Youth Co-ordinator/Assistant Director with 10 years of service are eligible for promotion. They have also alleged that they had initially moved before the Central Administrative Tribunal against their supersession (by order dated 18.06.1999), through OA 580/1999, which was rejected on ground of the Sangathan being not notified under the AT Act, 1985. They have also pointed out that the Government of India, in the meanwhile, have revised the rules regarding selection, mode of promotion and under these the minimum benchmark for promotion to grades below the pay scale of Rs. 12000-16500 has been fixed as "Good". Similarly, for promotion to grades in pay scale 12000-16500 and above the benchmark is "Very Good". All officers who have this benchmark are to be graded as fit for promotion. The petitioners have never been conveyed any adverse remark and therefore they are surprised why they were not found fit for promotion. Since the Sangathan has repeatedly denied promotion to the applicants in their orders (annexed as A/6 to A/7, A/7A, A/8, A/9 and A/11) and since such denial is totally arbitrary, they approached the Hon'ble High Court by the Writ Petition which is now before us.
3. The applicants/writ petitioners also filed a Supplementary Affidavit before the Hon'ble High Court in which they allege that the Sangathan and the Departmental Promotion Committee has not formulated any guideline for grading the officers of the Sangathan as "Good" and "Very Good'' and hence entire procedure of the Sangathan and the DPC adopted
-7- TA/050/00002/14 for the purpose of promotion and in evaluating the comparative merit of the officers is illegal, unfair, arbitrary and capricious.
4. The respondents (the counter petitioners in the aforesaid writ petition) filed a counter affidavit on behalf of respondent no. 2 (Director General, Nehru Yuva Kendra Sangathan) in which they have denied the claim of the applicants. They accepted that persons juniors to the petitioners were granted promotion but it was done following consideration by duly constituted DPC. Only those who met the prescribed benchmark were declared fit and recommended by the DPC for promotion. They have repeatedly stressed that all the provisions contained in the relevant rules and guidelines about the benchmark grading were followed in case of the petitioners but they were not recommended for promotion since they did not meet the benchmark for getting recommended by the DPC.
5. The applicants/writ petitioners filed a reply to the counter affidavit on 18.05.2004 in which they pointed out that the counter affidavit did not mention who were the persons which fell in the zone of the consideration and what were the guidelines laid down for the benchmark. They have also pointed out that the counter affidavit does not state the gradings of the petitioners and also the reasons assigned for gradings if they were low. Besides alleging personal bias on the part of the persons swearing the counter affidavit (on ground of his being one of the persons who superseded the applicants), they have also questioned other averments of
-8- TA/050/00002/14 the counter affidavit alleging arbitrariness and bias in the action of the respondents.
6. We have gone through the pleadings and heard the learned counsel for both the parties. In brief, the applicants' prayer is for granting them promotion which the Sangathan has denied alleging them to be not fit for promotion on account of their not having above benchmark gradings. It was argued that such adverse treatment, without ever conveying those gradings to the applicants, is unfair and amounts to denial of natural justice. The learned counsel for the respondents has argued that there was no rule regarding conveying all the confidential recordings (other than adverse) at the time when the applicants' cases were considered (during the period 1999 to 2003) for promotion. It is only now, following judicial pronouncements and amendments in the relevant rules, that all confidential records are conveyed to the affected persons. Hence, however harsh or arbitrary it may appear now, denial of promotion on ground of less than benchmark grading (below good or very good) was the normal practice before it was changed through judicial pronouncements and later change in rules. The claims of the applicants relate to the period 1999-2002. After the filing of the counter affidavit the applicants did become aware of their not being considered fit for promotion for their allegedly below benchmark grading. Though these were not communicated to them in the relevant years, they could have, at least after the passing of the RTI Act, got copies of their confidential records to find out whether they actually had below benchmark grading or not. The fact that they have not produced anything
-9- TA/050/00002/14 to this effect even till the adjudication of this case now, shows that they are not in a position to contest the averment of the counter petitioner (Sangathan) about their below benchmark grading. It is, however, true that they could not represent against it and now it is too late to have a review of ACR gradings given two decades before. This matter was brought before the Hon'ble High Court in the year 2003. It is not explained why the applicants made the request of transfer of this case to this Tribunal five years after the notification bringing the Sangathan within the ambit of A.T. Act. Since there is no violation of rules in not promoting the applicants at the relevant time, and the only weakness is in the form of not communicating the concerned ACRs, it would not be proper to quash the orders issued from the year 1999 to the year 2002 after this length of time (for which the applicants are also partly responsible by not following up the adjudication vigorously before the appropriate judicial forums). The TA is, therefore, dismissed. No costs.
[ Dinesh Sharma ] [Jayesh V. Bhairavia] Administrative Member Judicial Member Srk.