Central Administrative Tribunal - Ernakulam
Krishna Raju V M vs Registrar General Of India on 9 December, 2024
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CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH,
ERNAKULAM
Original Application No. 180/00710/2019
Monday, this the 9th day of December, 2024
CORAM:
Hon'ble Mr. Justice Sunil Thomas, Member (J)
Hon'ble Ms. V. Rama Mathew, Member (A)
Krishna Raju V.M., S/o. Muraleedharan,
Aged 50 years, Data Entry Operator Grade-B,
Directorate of Census Operation, Thiruvananthapuram,
Residing at No. 3, Sea Royal Villa, Near CGO Complex,
Poomkulam, Vellayani PO, Thiruvananthapuram-
695 522. ..... Applicant
(By Advocate: Mr. C.S. Gopalakrishnan Nair)
Versus
1. Registrar General India & Census Commissioner,
A-Wing, NDCC, II Building, First Floor,
New Delhi - 110 001.
2. Joint Director, Directorate of Census Operations,
Kerala, Thiruvananthapuram - 695 522.
3. Union of India, represented by its Secretary,
Department of Personnel & Training, North Block,
New Delhi - 110 001. ..... Respondents
(By Advocate: Ms. P.K. Latha, ACGSC)
This Original Application having been heard on 27.11.2024, the
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Tribunal on 09.12.2024 delivered the following:
ORDER
Per: Justice Sunil Thomas, Judicial Member -
The applicant joined the Directorate of Census Operations, Trivandrum as Data Entry Operator (DEO) Grade-B on 16.1.1995. He continues to be so even now. He was granted financial upgradations under the MACP Scheme during the above period. As per Annexure A1 Recruitment Rules, next promotion post of DEO Grade-B is Senior Supervisor. Six years regular service in the cadre of DEO Grade-B is the minimum requirement for promotion. Promotions were granted to eligible DEO Grade-B officers as Senior Supervisors till 30.10.2015, evidenced by Annexure A4. In the mean while, sanction for restructuring of the EDP cadre in the Directorate of Census was approved by Annexure A5 dated 10.2.2016. It included creation of various additional posts and gradual phasing out of posts of DEO Grade-B category. A draft Recruitment Rule thereupon was issued as Annexure A7. Annexure A8 provisional seniority list was also published. According to the applicant he was placed at serial No. 1. During the period 2016 to 2019, DPCs were not conducted and promotions were not granted to persons. In the SEBASTIAN ANTONY 2024.12.09 16:19:07+05'30' 3 meanwhile Annexure A11 final combined seniority list was published. Since promotion was not granted to the applicant, he submitted Annexure A14 representation. Since it was not responded, the OA was filed. Annexure A18 is the model calendar for conducting the DPC which according to the applicant was applicable to the respondents. In the OA he sought a relief to declare that the applicant was entitled for promotion as Senior Supervisor with effect from 1.12.2016 against a vacancy that arose in Kerala Directorate. He also sought a relief to direct the respondents to promote the applicant as Senior Supervisor notionally with effect from 1.11.2016 with all consequential reliefs.
2. The respondents appeared and filed a detailed reply statement raising various contentions. It was stated that after the restructuring of the post of Senior Supervisor and Data Processing Assistant Grade-A posts were clubbed as one post of DPA Grade-A. The Recruitment Rules issued under the Gazette notification dated 23.10.2000 was produced as Annexure R-1. The restructuring order became effective from the said date. The DPC for promotion to the post of Senior Supervisor had lastly conducted in advance on 24.6.2015, as per the instructions on promotion, and promotion orders were issued as per the recommendation of the DPC SEBASTIAN ANTONY 2024.12.09 16:19:07+05'30' 4 against retirement vacancies existing on 28.2.2015. The supplementary DPC was held only for filling up of backlog of SC/ST vacancies only. This DPC was supplementary to the DPC which had already taken place before the restructuring of EDP cadre. The final seniority list of Data Entry Operator Grade-B after combining all the seniority list of Data Entry Operator Grade-B as on 1.1.2019 was issued on 23.7.2019. The decision to centralize promotions in the grades of Statistical Investigator Grade-II and Office Superintendent was taken having regard to the fact that those were Group-B posts and their appointing authorities were Registrar General and Census Commissioner, India and that Group-B post in the office of RGI carry all India transfer liability. The Recruitment Rule only provides for promotion of Data Entry Operator Grade-B to the post of Senior Supervisor. It nowhere provided that the Data Entry Operator Grade-B working in the same Directorate shall be promoted to the post of Senior Supervisor. The delay in promotion during the period 2017 was occasioned due to the pendency of SLP(C) No. 30621 of 2011 before the Supreme Court of India. After the disposal of the SLP, DoP&T issued OM No. 36012/11/2016-Estt (Res.)-I (Pt-II) stating that the promotion should be made strictly in accordance with OM dated SEBASTIAN ANTONY 2024.12.09 16:19:07+05'30' 5 15.6.2018. It was further provided that every promotion order it must clearly be mentioned that the promotion shall be subject to further orders passed by the Supreme Court. Though applicant was considered for promotion, he could not be promoted for want of vacancies up to his place in the combined seniority list of Data Entry Operator Grade-B issued vide letter dated 23.7.2019. Being a Group-B post, cadre is maintained in the office of Registrar General of India and not the Directorate and all Data Entry Operator Grade-B across the Directorates have a right to be considered against the vacant post of Senior Supervisor or get transferred to other Directorates.
3. Heard both sides and examined the records.
4. The specific contention of the learned counsel for the applicant was that the applicant was due for promotion and was eligible to be promoted. According to him one vacancy arose in Kerala Directorate on 1.12.2016 and he was liable to be promoted against that vacancy. It was further contended that under the model DPC guidelines, produced as Annexure A18, it was obligatory on the respondents to convene the DPC every year. Even though, the DPC was lastly held in 2015 and by Annexure A4 order SEBASTIAN ANTONY 2024.12.09 16:19:07+05'30' 6 dated 30.10.2015, six DEOs were promoted as Senior Supervisors, which included two from Kerala, thereafter, till the institution of the OA, DPC were not held. Accordingly, he sought for a direction to respondents to promote him with effect from 1.12.2016.
5. According to the respondents, after the Annexure A3 DPC, by virtue of Annexure A5, restructuring of EDP cadre under the 1st respondent was proposed. Pending it and framing of the Recruitment Rules, no DPC could be convened. Ultimately, the new Recruitment Rules were framed evidenced by Annexure R1. There is no dispute that the restructuring process was initiated by Annexure A5 dated 10.2.2016. During the above period, promotions were not held. However, the applicant had a specific contention that during the interregnum, there was no bar in convening the DPC and in effecting promotions under the old Recruitment Rules. It was also contended that in the states of Chhattisgarh, Jharkhand and Uttarakhand, DPCs were held for promotion of certain officials.
6. In the light of the above submission which appeared to be patent from the records, the respondents were directed by order dated 11.11.2024 of the Tribunal to clarify whether any appointment was SEBASTIAN ANTONY 2024.12.09 16:19:07+05'30' 7 effected during the period 2016 to 2020; whether there was any administrative instruction was issued during the said period keeping on hold all promotions and whether any administrative instruction had been issued directing that the earlier Recruitment Rules will not be in force till new Recruitment Rules come into force and also to clarify the circumstances under which few officials were promoted in the States of Chhattisgarh, Jharkhand and Uttarakhand.
7. Pursuant to the above direction a statement was filed by the learned ACGSC clarifying that appointments to the post of Supervisor were not made during the period 2016 to 2020, that administrative instructions were not issued during the said period keeping on hold all promotions or clarifying that the earlier Recruitment Rules will not be in force till the new Recruitment Rules came into force. However, it was clarified that DoP&T had issued OM dated 30.9.2015 referring to the pendency of SLP Contempt Petition in Supreme Court of India relating to certain issues of SC/ST reservation and hence DoP&T was not making any promotion and that UPSC was not accepting proposal for promotion involving reservation. Accordingly, a decision was taken on 30.3.2017 not to promote DEOs Grade-B to the post of Senior Supervisor for the vacancy SEBASTIAN ANTONY 2024.12.09 16:19:07+05'30' 8 years 2016-2019. Regarding the promotions made in few States during the interregnum, it was clarified that a supplementary DPC was held to make up the backlog vacancies of the vacancy year 2015-2016. Hence, it was contended that the case of the applicant cannot be accepted.
8. In the light of the above statement and the material on record, it is evident that all promotions were put on hold, pending the restructuring process and approval of the new Recruitment Rules. In the above circumstances the contention of the applicant that he is entitled for the relief is liable to be rejected. The respondents were justified in not convening the DPC during the interregnum. The applicant is not entitled for any relief and accordingly, the OA is liable to be dismissed.
9. Hence, the OA fails and it is dismissed. No order as to costs.
(V. RAMA MATHEW) (JUSTICE SUNIL THOMAS)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
"SA"
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Original Application No. 180/00710/2019
APPLICANT'S ANNEXURES
Annexure A1 - True copy of the Recruitment Rule for the post of
Senior Supervisor.
Annexure A2 - True copy of the letter No. 12011/03/2013Adv.IV dt.
14.10.2013 issued by the 1st respondent.
Annexure A3 - True copy of the order No. 12011/03/2013-Ad.IV dt.
20.1.2014 issued by the 1st respondent.
Annexure A4 - True copy of the order No. 12011/2/2015-Ad-IV dt.
30.10.2015 issued by the 1st respondent.
Annexure A5 - True copy of the letter No. 48014/15/2008-AD-V dt.
10.2.2016.
Annexure A6 - True copy of the order No. 12011/2/2015 Ad.IV dt.
29.2.2016 issued by the 1st respondent.
Annexure A7 - True copy of the Web Circular F. No. A-51011/1/2006
ADV dt. 21.3.2017.
Annexure A8 - True copy of the provisional seniority list of DEOs
Grade B published by 2nd respondent.
Annexure A9 - True copy of the office order No. A 12011/10/18.Ad.V
issued by the 1st respondent.
Annexure A10 - True copy of the provisional seniority list as per letter No. A1/9228/2018(3) dt. 7.3.2019 issued by the 2nd respondent.
Annexure A11 - True copy of the All India Combined Seniority list of DEO Grade B as on 1.1.2019 issued by 1st respondent.
SEBASTIAN ANTONY 2024.12.09 16:19:07+05'30' 10 Annexure A12 - True copy of the representation dt. 25.2.2019. Annexure A13 - True copy of the Web Circular along with the OM No. 13014/18/2018-Adv. Published along with the Web Circular No. dt. 28.5.2019.
Annexure A14 - True copy of the representation dt. 29.7.2019. Annexure A15 - True copy of the order dt. 9.9.2019 issued by the 1st respondent.
Annexure A16 - True copy of the final seniority list of DEO Grade B as on 1.1.2020.
Annexure A17 - True copy of the reply No. A1/4555/2018 dt.
11.11.2019 issued by the 2nd respondent.
Annexure A18 - True copy of the Model Calendar for conducting DPC is essential and as such OM No. 22011/2/2014-Estt.D., dated 30.1.2015.
Annexure A19 - True copy of the Gazette.
Annexure A20 - True copy of the provisional seniority list as on 4.6.2019.
Annexure A21 - True copy of the order No. A1/3341/2010 dt.
27.10.2014.
Annexure A22 - True copy of the memo No. C-18013/3/2019-AI dated 11.11.2021.
Annexure A23 - True copy of the reply No. RTI/CPIO/01/2023/286 dt.
26.12.2023.
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RESPONDENTS' ANNEXURES
Annexure R-1 - Recruitment rules to the post of DPA Grade A issued under Gazette notification dated 23.10.2000.
-x-x-x-x-x-x-x-x-
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