Central Administrative Tribunal - Delhi
S.L. Gupta S/O Sh. M.L. Gupta vs The Chief Secretary on 24 November, 2010
Central Administrative Tribunal
Principal Bench
OA No.1869/2010
New Delhi, this the 24th day of November, 2010
Honble Mr. Justice V.K. Bali, Chairman
Honble Mr. L.K. Joshi, Vice Chairman(A)
S.L. Gupta s/o Sh. M.L. Gupta
R/o X/3076, Street No.4,
Raghubar Pura, No.2,
Delhi 31. Applicant
(By Advocate: Mr. G.D. Gupta, Sr. Advocate with
Mr. Ajesh Luthra)
Versus
1. The Chief Secretary,
GNCT of Delhi,
5th Floor, Delhi Sachivalaya,
New Delhi.
2. The Secretary (Services),
GNCT of Delhi,
B Wing, 7th Level, Delhi Secretariat,
New Delhi.
3. The Secretary,
Delhi Subordinate Services Selection Board,
Govt. of NCT of Delhi, F-18,
Karkardooma Institutional Area,
Delhi 92. Respondents
(By Advocate: Mr. Vijay Pandita)
O R D E R
Justice V.K. Bali, Chairman:
S.L. Gupta, applicant herein, joined the post of Economist on regular basis in the year 1989 in Delhi Energy Development Authority (hereinafter referred to as DEDA), which is said to be a wholly owned and controlled body of Government of National Capital Territory of Delhi (hereinafter referred to as GNCTD). The Government wound up DEDA pursuant to Cabinet decision dated 03.08.2004 and in pursuance thereof, the staff working in the said Establishment was declared surplus, vide order dated 05.10.2004. The applicant was re-deployed in Delhi Subordinate Services Selection Board (hereinafter referred to as DSSSB).
2. The case of the applicant is that GNCTD is bent upon to absorb him in a lower post carrying lower pay scale. In that regard, the respondents, first of all, made attempt to absorb the applicant in Delhi Transport Corporation (hereinafter referred to as DTC) and thereafter in Delhi Jal Board (hereinafter referred to as DJB). Complaining about his adjustment by way of absorption in a lower post carrying lower pay scale, applicant has filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985 for quashing the order dated 15.01.2010 whereby the respondents have sought to re-deploy him on a lower post carrying lower status and lower pay scale, and in consequence thereof to direct the respondents to re-deploy/absorb him on a post carrying equivalent status and pay scale as well.
3. Pursuant to notice issued by this Tribunal, respondents have entered appearance and filed their reply.
4. When the matter came up before us on 23.09.2010, Mr. Pandita, counsel defending the respondents stated, that present Original Application has become infructuous because the respondents have passed order dated 09.07.2010 (Annexure R-1) wherein it has been mentioned that Government of Delhi has decided that the services of the applicant would be utilized in autonomous organizations like DSIIDC by absorbing him in pay scale of Rs.8000-13500. Counsel for the applicant would, however, object to the same by stating that only a request has been made to explore the possibility to absorb the applicant and no order of absorption as such has been passed. On the pleas raised by counsel for the parties, as noted above, we recorded the following order:-
Mr. Luthra, counsel representing the applicant, seeks adjournment to file rejoinder. However, Mr. Pandita, counsel defending the respondents, states that present Original Application has become infructuous because of the order passed by the respondents on 09.07.2010 (Annexure R-1) wherein it is mentioned that Government of Delhi has decided that the services of the applicant would be utilized in autonomous organizations like DSIIDC by absorbing him in pay scale of Rs.8000-13500. Mr. Luthra refers to the reply filed on behalf of the respondents wherein all that has been mentioned is that on examination of the matter a request has been made vide letter dated 09.07.2010 to explore the possibility to absorb the applicant in pay scale of Rs.8000-13500, and the Chairman, DSSSB has been requested to relieve him to join DSIIDC.
2. The averment made in paragraph 23 of the reply is not clear. When asked Mr. Pandita, counsel defending the respondents, as to whether he is making a positive statement that the applicant shall be absorbed as mentioned in order dated 09.07.2010, he seeks time to have instructions in the matter.
3. List the matter for hearing on 25.10.2010. Meanwhile, applicant may file rejoinder with an advance copy to the counsel opposite.
Interim directions to continue.
5. On the adjourned date i.e. 25.10.2010, counsel for the respondents sought more time to have instructions and the matter was again adjourned to 18.11.2010. On the next date of hearing, counsel for the respondents handed over to us a copy of order dated 16.11.2010, which reads as under:-
Sub:Absorption of Sh. R. N. Sharma, Surplus Asstt.
Director and Sh. S.L. Gupta, Surplus Economist of Erstwhile DEDA both in the pay scle of Rs. 8000-13500/-.
Madam, With reference to your letter No. 3(2)/6/2007 S-11 dated 8.11.2010 on the above cited subject, I am to state that the bio-data of the above officers have been examined and the Competent Authority is pleased to absorb them as Sr. Manager to the Pay Band of Rs.9300-34800 + Rs.5400 Grade Pay. Necessary orders to this effect shall be issued in due course.
6. Despite the order aforesaid, counsel for the applicant would state that present Original Application has not become infructuous, even though, as of now, when the order aforesaid has been passed and the applicant is being absorbed on an equivalent post and status carrying equal pay scale as well. What is still being urged is that initially the applicant was absorbed with DSSSB, which is a pure and simple government department, and now he is being absorbed in an autonomous body where his status would not be as that of a government employee. It is also urged that the applicant vide information received under the Right to Information Act came to know that Lieutenant Governor of Delhi had already approved his re-deployment in government department in December, 2007. Considering the inadequacy of officers in DSSSB and the correspondence with its Chairman in this regard, a supernumerary post was created for him and it was decided that his performance would be reviewed after one year, and if he is not found suitable or not required, he will be deployed elsewhere along with the supernumerary post created for him. It is urged by counsel for the applicant that the deployment of the applicant cannot be disturbed in DSSSB in any manner whatsoever under the guise of absorbing him in any other organization under GNCTD as the Administrator i.e. Lieutenant Governor of Delhi has already approved the deployment of the applicant in DSSSB after having been rendered surplus from DEDA. Once, this information became available to the applicant, a rejoinder with averments on facts, as mentioned above, was filed.
7. We have heard learned counsel for the parties and with their assistance examined the records of the case.
8. Admittedly, the applicant is being now absorbed on equivalent post that he was holding in DEDA, which too was an autonomous body, and not a pure and simple government department. He is to be in the same pay scale and in tune with the law laid down by this Tribunal in the matters of Abha Tyagi V/s. Secretary Services, Government of NCT of Delhi & Another (OA No. 28/2007 decided on 28.02.2008) and Ashok Gaur & Others V/s. Government of NCT of Delhi & Others (TA No.900/2009 decided on 05.08.2009). Initially present Original Application was filed claiming for equivalent status and equal pay scale of the post on which he was working in DEDA as on the basis the aforesaid decisions of this Tribunal, his rights have to be protected in all regards.
9. We do not find any merit whatsoever in the contention raised by the learned counsel for the applicant that the applicant, having been absorbed in a government department by way of re-deployment, cannot be sent to an autonomous organization. It appears in the first instance that the applicant was temporarily absorbed in DSSSB and secondly, there is no law that the applicant having been rendered surplus can only be accommodated in government department and not in autonomous body. It is pertinent to mention here again that the applicant, when rendered surplus, was working in the autonomous organization. We have gone through the information received by the applicant under Right to Information Act, a copy of which has been handed over to us during the course of hearing, which deals with re-deployment of surplus staff of DEDA carrying higher scales of pay. The matter came to be taken up for discussion and decision on the representation made by one Sh. R.N. Sharma, Assistant Director, DEDA, who too was rendered surplus consequent upon Cabinet decision adverted to above. While giving the background on the issue, it has been mentioned that the Cabinet vide order dated 03.08.2004 took a decision to declare the remaining 97 employees of DEDA surplus and to re-deploy them by the Services Department. Accordingly, DEDA vide order dated 05.10.2004 declared them surplus. Out of 97 surplus staff of DEDA, the Services Department had already re-deployed 87. Out of the remaining 10 officials, 04 were facing disciplinary proceedings, and cases of 2 officials were already under submission for re-deployment. The remaining 4 officials including the applicant were in the higher scale of pay. Earlier, Assistant Accounts Officer, DEDA had forwarded options of Sh. A.K. Dahiya, OSD; Sh. S.B. Sharma, Deputy Director (T); Sh. R.N. Sharma, Assistant Director and Sh. S.L. Gupta (applicant herein), Economist, as the surplus officers with a request to re-deploy them on vacant posts carrying matching pay scales. The following options were examined in respect of four surplus officers of DEDA:-
A. They may be given benefit of retrenchment as per relevant Rule.
B. They may be considered for re-deployment against the posts of Group-C in Govt. of NCT of Delhi.
C. The salary of the representationist as well as the other remaining surplus staff needs to be released immediately. It was mentioned that Option B was not possible in respect of surplus officers of DEDA (who were in higher scale of pay) in view of the following constraints:-
(i) Recruitment of vacant posts of Gr. A & B in Govt. of NCT of Delhi is made by the UPSC.
(ii) In response to the communication from Services Department seeking advice on the issue, the UPSC and DOP&T, Govt. of India have opined as under. Mention of views of UPSC and DOP&T is there. It was then mentioned in the detailed note that the matter was discussed in the Chamber of Secretary (Services) and Secretary (Environment). It was desired that supernumerary posts may be created to release the salary of these officers and their services may be utilized elsewhere for the time being. (Emphasis supplied). Mention then was of the revised scheme for disposal of the personnel rendered surplus due to reduction of establishment in Central Government departments/offices.
In view of what all that has been mentioned above, the following submissions were made:-
Matter may be referred to the Finance Department for creation of Supernumerary Posts in the pay scale of Rs.10,000-15,200/- (one post in respect of Sh. S.B. Sharma), Rs.8,000-13,500/- (two posts in respect of Sh. R.N. Sharma, Assistant Director and Sh. S.L. Gupta, Economist) in General Administration Department, Govt. of NCT of Delhi for the time being. Finance Department may also be requested to abolished the posts held by these officials in DEDA simultaneously in consultation with the Administrative Department.
The services of these three officials of DEDA (in whose case UPSC and DOP&T have raised certain issues) may be utilized in the following departments till their proper redeployment/absorption. The other part of the note may not be relevant nor any reference has been made by the counsel representing the parties. The note that came to be approved by the Lieutenant Governor written in hand by the concerned officer, reads as follows:-
The names of the 3 surplus employees together with their qualifications may pl. be seen at P-6/N ante. The recommendation at XX above may pl. be seen for approval. The XX mentioned in the note reads as follows:-
The proposal for deployment of 3 surplus employees of erstwhile Delhi Energy Development Authority was discussed with Dy. Secretary (Services) (Sh. Ajay Chagti) and Director (Planning). Secretary (Environment) and Chairman, DSSSB were also consulted on telephone. Considering the inadequacy of officers in DSSSB, Chairman (DSSSB) was agreeable to take all the three persons on deployment. Different administrative work will be allocated to them by the Chairman. Their performance may be reviewed after one year and if they are not found suitable or not required, they could be deployed elsewhere by the Services Department along with the supernumerary posts created for them.
2. There is a plan scheme under Major Head 2051 Staff Selection Board under which 3 supernumerary posts may be created in the scale of pay of Rs.10000-15200/- (one post) and Rs.8000-13500/_ (two posts). These posts may be created with the approval of the LG, in the public interest, for ensuring the productive deployment of 3 surplus employees.
10. From the proceedings culminating into approval of Lieutenant Governor it is absolutely clear that the applicant was not permanently absorbed with DSSSB. Three officers could be re-deployed with supernumerary posts created for them. Their re-deployment with DSSSB was temporary and not permanent. We are of the firm view that on passing of order dated 16.11.2010 during the pendency of the matter, present Original Application has become infructuous. The additional pleas raised by learned counsel for the applicant in his rejoinder based upon the information received under Right to Information Act are of no substance whatsoever. The OA is closed. Parties shall bear their own costs.
(L.K. Joshi) (V.K. Bali) Vice Chairman (A) Chairman /naresh/