Central Administrative Tribunal - Madras
S Pradeep vs M/O Defence on 28 March, 2024
1 OA 310/00893/2022 &
MA 310/00457/2022
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA 310/00893/2022 & MA 310/00457/2022
Dated Wednesday the 29th day of March Two Thousand Twenty Three
CORAM : HON'BLE MS. MANJULA DAS, Member (J)
&
HON'BLE MR. T. JACOB, Member (A)
S. Pradeep
SSRA (SKI)
O/o BSO GE Wellington
YMCA Building, Wellington
Barrak, P.O., Nilgiris District. ... Applicant
By Advocate M/s R.S. Anandan
Vs
1. The Union of India
Represented by the Engineer in Chief
Military Engineer Services
Kashmir House, New Delhi 110 011.
2. The Chief Engineer
Southern Command
Pune - 411 001. ... Respondents
By Advocate Mr. G. Dhamodaran
2 OA 310/00893/2022 &
MA 310/00457/2022
ORAL ORDER
(Pronounced by Hon'ble Ms. Manjula Das, Member(J)) This application has been filed seeking the following reliefs:
"To call for the records relating to the second respondent herein in PO No. 40/2022 132402/2022/MR/01/E1B(S)/A2 dated 31.03.2022 and quash the same in so far as the applicant is concerned and the consequential order passed by the second respondent herein in No. 132402/2022/MR/06/E1B(S)/A2 dated 10.6.2022 on the representation submitted by the applicant dated 4.4.2022 and the order passed in No. 132402/2022/S Pradeep/17/E1B(S)/A2 dated 26.9.2022 and also quash the consequential impugned movement order in Office Order No. 113 dated 19.10.2022 pass by the third respondent herein and consequently allow the applicant to continue in the same place as SSRA (SK-1) and pass such further or other order as this Tribunal may deem fit and proper in the circumstances of the case and thus render justice.
2. The brief facts of the case are as under:
Learned counsel for the applicant submits that the applicant joined the services as Meter Reader (HSG) in the respondent department on 31.12.1992. He was then re-designated as a Senior Store and Revenue Assistant (SS&RA) (SK-I) on 15.12.2017 as per his option from the post of Meter Reader (HSG) as per the cadre review ordered by the first respondent herein on15.12.2017. The same was also given effect to by passing PTO no. 7 dated 17.2.2020. After the issue of the PTO the first respondent issued letter dated 10.06.2020 that in view of the CAT, Jammu
3 OA 310/00893/2022 & MA 310/00457/2022 Bench order in OA No. 61/500/2020 (Old OA No. 060/01152/2018) direct to be kept hold and status quo continued to maintained till review is finalized by competent authority which will be subject to the outcome of Hon'ble CAT Jammu Bench, Jammu, OA No. 61/500/2020 (Old OA No. 060/01152/2018). When status quo was maintained the second respondent issued the impugned Tenure Turnover posting to the applicant by considering the applicant as Meter Reader. The same would amount ot reversion and also amounts to punishment. When the same was challenged this Tribunal directed to dispose of the representation as per OA No. 526/2022. The representation of the applicant was rejected by the second respondent. Hence the applicant has approached this Tribunal seeking the above mentioned relief.
3. Learned counsel for the applicant submit that the applicant was posted as Meter Reader from the post of Senior Store & Revenue Assistant (SSRA)(SK-I) post which would amounts to reversion. The applicant was already re-designated as SSRA (SK-I) w.e.f. 15.12.2017 as per the order in PTO no. 7 dated 17.2.2020. Further it is submitted that the reversion of the applicant without any notice would amount to punishment for no fault of the applicant.
4. The respondents have filed detailed reply statement. It is stated that the applicant statement that he has been posted to a lower post is not correct, since he was serving as Meter Reader only before being re-
4 OA 310/00893/2022 & MA 310/00457/2022 designated as SSRA (SK-I) consequent to Cadre Review. Now implementation of Cadre Review has been kept on hold. Movement Order has been issued after issue of reasoned and speaking order issued vide 132402/2022/S Pradeep/17/E1B(S)/A2 dated 26 Sep 2022 in compliance with CAT Madras Bench Order dated 13.07.2022 in OA 526/2022. Further the applicant proceeded on medical leave w.e.f. 25.10.2022 to 04.12.2022. He failed to submit further extension of medical leave as per leave rules, indicating willful disobedience of department order. It is further stated that the applicant is already drawing salary in grade pay of Rs. 2800/- and he shall not be suffering any financial loss due to implementation of posting. It is further submitted that action on implementation of cadre review shall be taken by the department after decision by competent authority i.e. MoD and applicant's designation shall be decided accordingly. The applicant's argument to link implementation of posting is devoid of logic and moreover the applicant has failed to establish his statement regarding reversion in his status whereas he shall have no reduction in pay while proceeding on posting (in grade pay Rs.2800/-). His proceeding on posting shall not affect his chances of availing benefits of cadre review as and when its implementation is decided. Hence he prays for the dismissal of the OA.
5. The applicant has filed rejoinder to the reply statement filed by the respondents. It is stated that the applicant had already given three places 5 OA 310/00893/2022 & MA 310/00457/2022 for posting for TTP (Tenure Turnover Postings) 2022 by submitting representation dated 18.11.221, but the applicant was posted at GE(Navy) Porbandar as Meter Reader (HSG) where no SSR (SK1) is in existence by treating the applicant as Meter Reader (HSG) post. The applicant submits that the issue is squarely covered by the Judgment of the Principal Bench, New Delhi in OA 935/2022 dt. 21.11.2022.
6. Heard both sides and perused the pleadings and other connected records.
7. In the need of cadre review the applicant was re-designated as a Senior Store and Revenue Assistant (SS&RA) (SK-I) on 15.12.20217 as per his option from the post of Meter Reader (HSG) and the same was also given effect to by the respondents. Subsequently the respondents by letter dated 21.09.2020 informed that the cadre review was directed to be kept on hold and status quo continued to maintained till review is finalized by competent authority which will be subject to outcome of Hon'ble CAT Jammu Bench, Jammu in OA No. 61/500/2020 (Old OA No. 060/001152/2018). Whereas, the second respondent issued the impugned Tenure Turnover postings 2022, transferring the applicant from GE Wellington to GE (Navy) Porbandar as Meter Reader.
8. It is submitted by learned counsel for the applicant though he joined on 22.03.2023 in compelling circumstances the status has not been assigned to him where he was posted earlier.
6 OA 310/00893/2022 & MA 310/00457/2022
9. Learned counsel for the respondents, Mr. G. Dhamodaran submitted that the pay protection has already been granted to the applicant and there is no case. However, learned counsel vehemently argued that this applicant is Senior Store Review Assistant (SSRA) and he is transferred to the post of Meter Reader which is a lower designation.
10. After hearing both the sides, we also agree with the submissions of the learned counsel for the applicant that is placing him in the lower status, hence the submissions made by the learned counsel for the respondents is not accepted. Accordingly, we direct the respondent authority/competent authority to retain the applicant in the rank of maintaining his status as Senior Store Review Assistant (SSRA) which shall be carried out within a period of one month from the date of receipt of copy of this order.
11. It was submitted by the learned counsel in the bar that though he applied for leave the applicant was not granted salary from 26.09.2022 to 21.03.2023. We feel it appropriate that justice would be met if we direct the respondents to grant the relief as admissible under the law. Ordered accordingly. OA stands disposed of. Consequently, MA 457/2022 for stay become infructuous. No order as to costs.
(T. Jacob) (Manjula Das)
Member (A) Member (J)
29.03.2023
AS