Central Administrative Tribunal - Delhi
Sudarsan Pramanik vs Union Of India Through The Secretary on 24 April, 2009
Central Administrative Tribunal Principal Bench, New Delhi O.A.No.2179/2008 Friday, this the 24th day of April 2009 Honble Shri Shanker Raju, Member (J) Honble Dr. Veena Chhotray, Member (A) 1. Sudarsan Pramanik, S/o Shri A.G. Pramanik Working as Tracer in Rifle Factory, Ishapore, (W.B) 2. Sanjeev Narayan Khamari, S/o Late Sh. Shree Nivash Khamari, Working as Tracer, in Ordnance Factory, Badmal, Distt. Bolangir (Orissa) 3. Siddheshwar Chhatria, S/o Sh. Krushna Chandra Chhatria, Working as Tracer, in ordnance Factory, Badmal, Distt. Bolangir (Orissa) 4. V.Jayakrishnan, S/o Shri M.Prabhakaran, Working as Tracer, in Ordnance Factory, Trichy, (TN) 5. P.Puviyarasan, S/o Shri S.Pnnusamy, Working as Tracer, in Ordnance Factory, Trichy (T.N.) 6. A.Gowthaman, s/o Shri V.A. Arunagiri, working as Tracer, in Ordnance Factory, Trichy (T.N.) 7. V.Subramanian, s/o shri I.Vaiyapuri, working as Tracer, in Ordnance Factory, Trichy (T.N) 8. R.Naghasubramanian, s/o Sh. N.Ramachandran, working as Tracer, in Ordnance Factory, Trichirapalli (T.N) 9. S.Venkateasan, S/o Shri R.Subramanian, working as Tracer, in Ordnance Factory, Trichirapalli (T.N) 10. Budha Ram Wadhai, s/o Shri Bhiwaji Wadhai, working as Tracer, in Ordnance Factory, Chandrapur, (MS) -Applicants (By Advocate: Shri Yogesh Sharma) -V E R S U S- 1. Union of India through the Secretary, Govt. of India, Ministry of Defence, South Block, New Delhi 2. The Secretary, Ministry of Defence, Department of Defence Production & Supplies, Govt. of India, South Block, New Delhi 3. The Chairman, Ordnance Factory Board, 10-A, Shaheed Khudiram Bose Road, Kolkatta -Respondents (By Advocate: Shri Krishna Kumar) O R D E R (ORAL)
Shri Shanker Raju:
Heard.
2 Through this OA, Tracers in various Ordnance Factories seek promotional avenues, which have been discontinued, as the post of Draughtsman has been done-away with. Though an option to transfer to the Industrial Tribunal has been given, but the applicants have refused it on the ground that terms and conditions for the same are not made clear to them, which have adversely affected their erstwhile seniority and marred their future chances of further promotion.
3. We have carefully considered the rival contentions of the parties and perused the material on record.
4. The Apex Court in A. Satyanarayana & others v. S. Purushotham & others, (2008) 2 SCC (L&S) 279 ruled that right to be considered for promotion implies promotional chances not to be foreclosed forever and its purpose is to remove stagnation and avoid frustration among the employees. This has been ruled as a fundamental right guaranteed under the Constitution of India. The Apex Court has gone to the extent that at least three promotional avenues are to be given in the service carrier of a government servant.
5. Non-setting out of the terms and conditions of which the applicants have to opt for industrial cadre has deprived them of a right to assert their civil right of seniority to be continued and reckoned with for the purposes of further promotion in case they are absorbed on change of cadre to Industrial Tribunal.
6. We have also found OFB decision in the minutes of 7th meeting held on 22.8.2004 that the Chairman has decided that option for re-designation to HS may not be implemented because this will be a change of establishment proposed from NIE to IE and seniority problem with arise. In the above view of the matter, amendment of SRO will also be necessary.
7. Resultantly, OA is disposed of with a direction to the respondents to set out the terms and conditions before a fresh option from Tracers is taken to absorb them for the purposes of creation of promotional avenues in the Industrial Tribunal, failing which they should create by their own methodology promotional avenues, so that the fundamental right of the applicants for consideration of promotion is not affected. This shall be done within a period of two months from the date of receipt of a copy of this order. No costs.
( Dr. Veena Chhotray ) ( Shanker Raju ) Member (A) Member (J) /sunil/