Central Administrative Tribunal - Kolkata
H Pramanik vs M/O Defence on 13 September, 2019
■> \%f0\ •y BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL CALCUTTA BENCH.
O. A. No^@v6aof 2014-
1. Sri Hemanta Pramanik, son of late Joypal Pramanik, aged about 38 years, working as Multi Tasking Staff, office of the Principal Controller of Accounts (Fys), 10-A, S. K. Bose Road, Kolkata- 700 001, residing at Joka, Pramanikpara, Bakhrahat Road, Kolkata- 700 104, West Bengal.
2. Sri Uttam Kumar Goswami, son of late Khitish Ch. Goswami, aged about 43 years, working as Multi Tasking Staff, office of the Principal Controller of Accounts (Fys), 10-A, S. K. Bose Road, Kolkata- 700 001, residing at VIII. & P.O. Arrah, P.S. Kanksa, Durgapur, Dist Burdwan.
3. Sri Dipak Kr. Barul, son of late Balaram Barui, aged about 41 years, working as Multi Tasking Staff, office of the Principal Controller of Accounts (Fys), 10-A, S. K. Bose Road, Kolkata- 700 001, residing at Joka, D.H. Road, P.S. Thakurpukur, Kolkata- 700 104, ! West Bengal.
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4. Sri Saumitra Haider, son of Amal Krishna Haider, aged about 41 years, working as Multi Tasking Staff, office of the Principal Controller of Accounts (Fys), 10-A, S. K. Bose Road, Kolkata- 700 001, residing at 23/1S, Panchanantala Road, Kolkata- 700
029.
5. Sri Swapan Kr. Murmu, son of late Prem Chand Murmu, aged about 41 years, working as Multi Tasking Staff, office of the Principal Controller of Accounts (Fys), 10-A, S. K. Bose Road, Koikata* 700 001, residing at H-63, Bhukailash Road, Kolkata- 700
023.
6. Sri Pronob . Kumar Roy, son of Mihir Kumar Roy, aged about 43 years, working as Multi Tasking Staff, office of the Principal Controller of Accounts . (Fys), 10-A, S. K. Bose Road, Kolkata- 700 001, residing at VIII. & P.O. Nowpala, Via- Bagnan, Dist. Howrah, Pin : 711 303.
7. Sri Khokan Mahato, son of late Naba ■?;v Mahato, aged about 37 years, working 1 Iff '1 -3- as Multi Tasking Staff, office of the Principal Controller of Accounts (Fys), 10-A, S. K. Bose Road, Kolkata- 700 001, residing at 47, Christopher Road, Kolkata- 700 046.
8. Sri Samir Kumar Samaddar, son of late Satish Chandra Samaddar, aged about 47 years, working as Multi Tasking Staff, office of the Principal Controller of Accounts (Fys), 10-A, S. K. Bose Road, Kolkata- 700 001, residing at Manickpur (Iden Park), P.O. Itolgacha, Kolkata- 700 079.
9. Sri Basudeb Mitra, son of late Ramesh Chandra Mitra, aged about 39 years, working as Multi Tasking Staff, office of the Accounts Office, Gun & Shell Factory, Cossipore, Kolkata- 700 002, residing at 4, Talbagan Colony, Kolkata- 700 090.
... Applicants.
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1. Union of India through the Secretary to the Govt, of India, Ministry of Defence, South Block, New Delhi- 110001.
2. The Controller General of Defence Accounts, Ulan Batar Road, Palam, New Delhi Cantonment- 110 010.
3. The Principal Controller of Accounts (Factories), Kolkata,10-A, S. K. Bose Road, Kolkata- 700 001.
4. The Secretary to the Govt, of India, Department of Personnel & Training, North Block, Sansad Marg, New Delhi-1.
... Respondents.
\ ■ i * * O.A.350/32/2014 CENTRAL ADMINISTRATIVE TRIBUNAL 'i r KOLKATA BENCH // / O.A.350/32/2014 Heard on 04.09.2019 Date of Order: ; 3. ^ ^ Coram: Hon'ble Ms. Bidisha Banerjee, Judicial Member Hon'ble Dr. Nandita Chatterjee, Administrative Member Hemanta Pramanik & Ors Applicants •r Vrs. ,ft Jy tr-
F# JtA; %■ "lim i-r Unibri'oflndia & Ors. ' •>;J Respondents.
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For the Applies): Jl^.K©at|a, |ou:hs|l \
For the Re^fident(s)^^,|.^fSI^|,|^^rf^ ORDER -■ ' i %■ "HK *v.». r/-*- ii ^>VlKiV 1'. •s.-1 a-"'*'' ;g: I tsoct":-
I t BLdisha Baiherjee, Merrier *•'J b/' J; / I, -v fe':
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% Tljfe applicants, 9 ifewlbeif^ hSvl pfeflrreMhjift.A. to seek jfefollSwing i 1:!., / .<■ ; -v • y reliefs:
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'i; % "affog order granting leavej<he qp^licd^s und^r Rule 4(5)
V (a) of the Tnbuni^(Pr^edu0 Rules, 1987
7to move this application jointly. ',r .J
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b) An order holding that any decision for cancellation of the selection incladmg.^bie^wrj.tten-' examination held pursuant to the Circuidn dated .27.04.2012 for ^examination for promotions of educationally quWlifiWd'Wlff^rstwhile Group-D and Record Clerk) to the grade of Clerk is bad in law and arbitrary.
c) An order directing the respondents to publish the result of the written examination held on 18.9.2012 pursuant to the circular dated 27.4.2012 and to grant promotion to the candidates including the applicants those who would be found successful in the'said examination to the grade of Clerk.
d) An order directing the respondents to produce/cause production of all relevant records.
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e) Any other order or further order J „
-6" O.A.350/32/2014
2. The grievance of the applicants, in a nutshell, is as under:
// w As per earlier Recruitment Rules of 1974, the minimum educational qualification for Recruitment to Group-D, was Middle School/Primary Standard.
They were even promoted to the grade of Record Clerk on the basis of departmental examination and subsequently promoted to the grade of Clerk.
Consequent upon implementation of the 6th CPC recommendation, all the erstwhile Group-D and Record Clerks have been placed in Pay Band-1 with Grade i1,*' Pay of Rs. 1800/-. In termsw>f50o(4f 0$lM. ABilll017/32/200-ESTT(RR) dated 07.10.2009, the mihjnkim q u a I ifica ti on/#prvrec r u it m e n t to$fie postof Clerk has been revised to 1l2th Standard or e^uilaleht a'hd ^tfte revised ^qualification was ■f % % p £• incorporatefem ReviselfRetrujti^efft luiei/o^^^^ *■:-
Clerk, ^blishld vide 2 m SRO 23 dlted 15.09.2ll9,.as amel?leWa#R03 dated, 1101.2011 % % "i ■<r* Y. +\.
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As4per the effectiye.. Revised/Recruitme,nt Rules M 2009, for^the post of ; * ^ W f /1 I I \ \ Jf ■ ttl | Clerk] iSsWf the vacanciesiflhall^belillell ufp f^bmjWongst Group-C^taffJh Pay .*..j.. ..■ / Band-I with GP Rs. 1800/-, who possess 12th Standard or equivalent qualification 7'* 5 and havelrende1r;ed"'n6t less^than three years regylaf service^in lne grade on the f* i ^ -i, '*« a**' J* \ \ ' " '' basis of a dep-artmebtal quaiiifying-examination aihsds0hly 5%l'bf va^ncies shall be X : -V < :■ • " ■■ filled on seniority-cum-fitness basis from Group-G ernployeefwho has three years of regular service in post with the grade pay ofRs. 1800/-.
The existing MTS (erstwhile Group-D and Record Clerk), who were earlier recruited on the basis of educational qualification of 8th or 10th Standard were deprived of the opportunity to appear in the examination for promotion to the post of Clerk, as minimum qualification of 12th Standard was incorporated in Revised Recruitment Rules, which they did not possess. As such, the issue of
-2- O.A.350/32/2014 allowing erstwhile Group-D and Record Clerk to take departmental examination £• for promotion to the grade of Clerk were demanded by JCM representatives. l: f;
V Accordingly, a departmental examination was held on 18.09.2012 for MTS, wherein Group-C staff, who were initially recruited on the basis of qualification viz. 8th Standard, were also allowed to take examination as one time measure, by the then CGDA. 695 candidates appeared in the said examination.
Since, relaxation in educationa,I .qualification from 12th Standard to 8th •> i -v..
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Standard could be tdon§^phly with the approval of JDQP&T, before publishing \ ,r* .i ' result of the examihartion, the^sil^valff&ffif^d to the Winistr^ f^- obtaining the ex post foeto approvaTof the DOP&TTor reiaxatibn-'rin educationalqualification lA'*' prescribedlin Recruitmffet RuleHOTfiSpect of FvlTS who took examiriftion ih terms of such onetime concession. DOPStvYide their.lD dated 16:01.2014 did not agree l1- to the proposal for relaxation in qualification; for promotion of unqualified M|TS to I ^ */ * %.
the gfa^e^of Clerk with theiqbs^rvatiorf that ll^e r®rfimum qualification fbr the ****** I I I nd^2> I post of. LDC was .revised^as per th^f^bmhfbhdatioh of ^/' ARC and as accepted ■ -5., x y f by the Government. /' / A / The applicants a re. a gg neve d^a s afte r going through^the rj^urs of selection
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process, the selection was abandoned. Hence the applicarfts preferred the instant O.A. before this Tribunal for declaration of result of the departmental examination held on 18.09.2012 wherein they had participated.
3. Id. Counsel, Mr. S.K.Dutta appearing for the applicants, would strenuously urge that the relaxation-in educational qualification was allowed by C.G.D.A., who was competent to grant such relaxation.
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0.A.350/32/2014
4. Per contra, Ld. Counsel for the respondents, repelling the contention would <-
submit that CGDA was not authorised to grant such relaxation. W
5. We heard the Ld. Counsels and perused the materials on record.
6. The issue that fell for consideration herein is the competence of CGDA to grant relaxation in educational qualification as one time measure, to erstwhile Group-C who possessed qualification less than what was prescribed in the Revised Recruitment Rules that held the field when selection notice was floated in 2012.
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7. The discernible^faets are as under: ■*-
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(i) The erstwhile RecnffiftientlRuies latecl MS July 197M^nnexure-A/3) ' v:p-Vi \ I f / \ stipulated t^iligibilit^pltefja fbir LDC, as^dfi^er!| / j*** W 1I 1 570(5 THE GAZETTE OF INDIA: OCTOBER MM?71/KARTKA 1, 1893 {Part H~ ' A/o • '*E=!7rCWljFruZ-u*i.
SI. Name of the No. of Qassi- Scale of pay Whether A?e limit Educational & other
No. post posti ficadon -- selection for direa qualificatUons for direct
Revised scales post or recruit recruit
Non- ment
Selection
post
I 2 3 4 s 6 .7 8
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5Y Lower Division Central R*. no--3-- Not Between Matriculation or s
7Cl«ts Oil . 131--4--155 applicable t8 to 21 valent qualification
Services EB--4--175 years.
Class III --5--180.
Ministerial
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''x. 3(H)] THfc GAZETTE OF INDIA: OCTOBER 23, 1971/KARTIKA l, 1893
5707 •
f Class III Service
Whetherage Period of Method* of Incase of rccruic- If a Cir* Remark*
and -probation recruitment ment by promotion/ D.P.C. cum-
educational if any Ci-e-whether transfer grade from exists stanoes
qualifications by direct which promorion/de- for re- in which
prescribed recruitment putadon;transfer to emit- UPSC
for direct or promo- be made. men:.by is to be
recruits tion or by. promo consult
will apply in .deputation/ tion ed in
case of transfer and whatis making
's percentage its com recruit
of vacancies position ment
to be filled
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various
methods
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Mot Two years to% by to% by promotion Not Mot Areuaoic iwineW
rSS, applicable for those promotion from the grade of appli- appli* service la and
d transferred from the Record Clerks with cable cable out of India.
■y from the grade of not less than three
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Clerks with subject to passing a not Ins than Departmental test Operators three^ean1 acd being adjudged service a*' fit.
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cationaily qualified Qais IV employees subject to the condi tions given below ■.--
(a) Slcction will be made through
-VtVpartaenra! exandxtftion con- 'fided to class IV employees who fulfil the requirement of mini- .imim whicniilnnnl qnaUficaHnn* (ft) *nte tnsrtnom age limit for admission, to this examination wSI besOyeon U$ years for Scheda! Caste! Scheduled-
-Tribe Candldaots).
(ii) The Recruitment notice dated 27.04.2012 (Annexure-A/4) was floated for holding examination for promotions of educationally qualified MTS (Erstwhile Group-D & Record Clerk) to the grade of Clerk with.the eligibility criteria as under:
"(i) Group-C staff holding the grade pay of Rs. 1800/- and who possess 12th class pass or equivalent qualification and have rendered 3 years regular service in the grade as on 1.8.2012,
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O.A.350/32/2014 Further, the competent authority has also relaxed the educational qualification for appearing in the said exam as a special chance/one time measure for those individuals, who were earlier recruited in GP 'D' post and posses the education qualification of VIIIth orX class pass."
Such notice was issued consciously keeping in view the Revised Recruitment Rules of 2009 which made the erstwhile Group-D, who had entered service with Matriculation or less eligible, to be considered but as a onetime measure.
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(iii) Departmental Ixamination was held in ^Sef)tember"2012, when the , 'X * Revised Recruitment Rules of 2009vwere holding:the field.
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(iv) Clause 5 of th^ftevisld RWcruifmin^ Ruifes of3%12.200S tbiat decils with // >■ 1 Power to^ax" stipulates as.un4||^re i •r ...v' ~ 'v m % If _ :(■ V X "5. Powerio.relax:: Where the CeMral Government is of the opilfl^pMatto do, it rpay^ by |rder, v for r^dsons to be recorded fa writina&nd in consuitdtion with the Union Public Service tommission felax any of the pfovisibns of these rules wi.thxespect to bn-vxlass or cateaorv of persons/^ 4 %*•> .ft. •V ■.fj «... \ i f.
f K A In the said clause- "Central Govt." should be ednstrufdto mean the Ministry ■A and not the CGDA and that too the power could be exercised in consultation with .■■■ ?■ •'V ** the UPSC, which was hot done 1b:tbe-presenfcea$S. :v'' •sr1':
(v) The Office of CGDA issued the following note to seek ex post facto sanction:
"Ministry of Defence (Finance) DAD-Coord Sub: Relaxation in Examination for promotion of educationally qualified MTS to the grade of clerk.
Office of CGDA UO Note No. AN/XI/U0l/Exam/2012 dated 22.08.2013 which is self explanatory is placed at page l~2/ante.
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O.A.350/32/2014
XXX XXX XXX
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......The Department has mentioned that on persistent demand from JCM, it was decided to hold the examination giving W one time relaxation in educational qualification and the individuals recruited in Group 'D' with 8th or 10th standard qualification when allowed to appear in the examination as a special case/one time measure.
3. Accordingly the said examination was held by the Department on 18.09.2012 on the basis of relaxation, wherein, 695 candidates appeared. Out of 695 candidates, 65 candidates fulfilled the eligibility criteria as per RH i.e. 12th standard pass. Department has stated that the modules and syllabus of the said examination was as per the last examination held in September, 2010 wherein eligibility criteria of the candidates was 12th standard pass and no relaxation ip isytlabusfiyas gtivefit-p fbe candidates. The evaluation of the^emniindtion have been iairiiddu^and ike/esu/tis yet to be .dbc/drect because as per para 5 of Sftf) £3 dbted 15.09.2009 ^JiHistlng Becruitmerit '-ftules -for Clerk), power to relax any of the provisions ■contained in Recruitment rules with respectfp any class '•Hv or category with rpsppctito any class, or cateqbry^of person rest withythe Government in consultation with the Uni6ri"Pubji'c Service ■'4..
> I has 4.1" SinciTtheJ^i^^^ e^efevan^rovisions^the Ms I fPr?} n^iwmmtmhed^l^MfDilpamm^rior to conduct of the Department examination;, the Department has sought ex-post facto approval of thi DOP&T as a onetifpe measure fOfrelaXation y**'i '! $■ in qucrijficcrtjdn ^rfip^earing ih^he d0iartrnental e&rhinaf>n in i.
* i the present case tcfdeclare mresamf the examinatipn^ i 1:
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appro^&Ffo t/ie proppsabmqd'e bp fhe Department X /para 'W offthe note dated 22.08.2013 at pagfe-2. »S v x V. / % V X y.
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(vi) Under identical circumstances, in an application filed by,candidates, who v'
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were eligible in terms of Revised Recruitment Rul§s having^cleared XII Standard, ■5v..
the Chandigarh Bench, in O.A. 16li/CH/2013, permitted such higher secondary qualified Group-C officers to be appointed and the said order was implemented without being assailed before any higher forum.
The relevant extract of the order goes thus: \ tt The stand of the respondent department in not declaring the result of the persons who fulfil the eligibility criteria of +2 for appearing in the qualifying examination does not appear to be backed by any'logic as it is dear from the submissions made in the f i.
0.A.350/32/2014 / written statement that DOPT had not agreed for relaxation of the educational criteria. Hence only the persons, who were 10+2 at the time when they applied for appearing in the examination, can be considered to be eligible to have appeared in the examination held on 18.9.2012.
8. In view of the foregoing discussion, the OA is allowed and the respondents are directed to take action to declare the result of the eligible candidates who were +2 at the time of applying to appear in the exam, and, who appeared in the examination held on 18.9.2012, within one month of the date of a certified copy of this order being served upon respondents No. 2 and 3. No costs."
(vii) Revised notification for holding examination for promotion of 'i*.
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educationally qualified^MTS-1© grade of ClerkJhaS been issued already on
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29,10.2015 with-eljgibility criteria»as:.uhde;r:
% '% 1 i ■ a \ I ; y ■ ^ ^ \ ."'•v "(ij Group-C staff holding the gradetyay of Rs.^SoO/- and who ■ -A-' pos^42"\v*('^ss /jrfflS>si?fj, qmWarfWtmi I'we : ■■ i % ■n The said notifica^n" has .be^n Jcha|lefTge|?%y. the Mfsent applicants b.k no ... granted..bv^e stay Wafever -M. ifjbunall ./J i| %\ \ -y kxj i % ■-% I % rK'j r ■T' ; •V '!v 5 i.
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8. Ini the aforesaid, backdrop, havihgimdted tbat relaxatrop in educational ' ,■■■/ '■H„. /; ^ \ _*f qualification wias not- soughtlior from the "Central/Gwt.^b^iSr/to initiating the ' •* V / / ..... ./ / recruitment process in 2012, and, therefore, in clear violation of th§ Recruitment Rules of 2009 that held the field at the relevant, time, and hiving noted that the DOPT has refused to relax the stindards ex post facto, and having noted that the applicants were not even declared selected, in view of the law laid down in Jatinder Kumar Vs. State of Punjab, AIR 1984 SC 1850, that "o candidate acquires no right to appointment by being selected or empanelled because the recommendations of the Service Commissions are directory in nature and the persons selected by the Commissions have no right to appointment and on that score no mandamus lies" and in Shahkarshan Dash Vs. Union of India, AIR 1991
-13- O.A.350/32/2014 SC 1612, that "it is not correct to say that if a number of vacancies are notified for appointment and adequate number of candidates are found fit, the successful candidates acquire an indefeasible right to be appointed which cannot be legitimately denied", we find no infirmity in the action of the respondents.
The O.A. is, accordingly, dismissed. No costs.
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(Dr. Nandita Cffatterjee) (Bidisha Banerjee)
Member (A) Member (J)
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