Central Administrative Tribunal - Jabalpur
Dr. Keshari Chand Choudhary vs Union Of India Through Its Secretary on 13 May, 2016
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No.131 of 2012
Jabalpur, this Friday, the 13th day of May, 2016
SHRI S.K. KAUSHIK, JUDICIAL MEMBER
SHRI G.P.SINGHAL, ADMINISTRATIVE MEMBER
Dr. Keshari Chand Choudhary, S/o late Shri Jaipal Choudhary,
Aged about 53 years, Posted as Assistant Grade-I in Tropical
& Forest Research Institute, Mandla Road,
Jabalpur (M.P.)-482021 -Applicant
(By Advocate Shri A.N.Giri)
V e r s u s
1. Union of India through its Secretary, Ministry of Environment
& Forest, Paryavaran Bhawan, CGO Complex, Lodhi Road
New Delhi-110 003.
2. The Director General, ICFRA Post Office, New Forest
Dehradun-248006.
3. The Director, Tropical Forest Research Institute,
Mandla Road, Jabalpur (M.P.)-482021 -Respondents
(By Advocate Shri S.K.Mishra)
(Date of reserving the order: 09.05.2016)
O R D E R
By G.P. Singhal, AM:
This is the second round of litigation. Earlier the applicant had approached this Tribunal by filing Original Application No.801/2009, which was disposed of vide order dated 9.12.2009 by directing the respondents to consider his representation and pass a reasoned order. In compliance to the aforesaid direction the respondents have passed order dated 13th June, 2010 (Annexure A-7), contents of which read thus:
In pursuance of the Order dated 9th December, 2009 passed by the Honble CAT Jabalpur Bench in OA No.801/2009 (Dr.Keshari Chand Choudhary, Research Asstt. Grade I TFRI, Jabalpur Vs. Union of India and others) and with reference to his representation dated 17.12.2009 received in the office of the respondent number 2 (Director General, ICFRE, Dehradun) on 19.1.2010 through the Director, TFRI) Jabalpur i.e. the 4th Respondent. Dr.K.C.Choudhary is hereby informed that the matter has been examined in consultation with the Ministry of Environment & Forests, New Delhi (Respondent No.1) and the Department of Personnel & Training, Government of India.
(2). Whereas the DoPT vide their note dated 25.3.2010 in file No.12-19/2009-FE of the Ministry of Environment and Forests has observed that a central civil servant may be treated as surplus staff in case he is covered in the definition of Surplus Staff as in Rule 2(g) of the CCS(Redeployment of Surplus Staff) Rules, 1990. So far as redeployment of surplus staff is concerned, he can be redeployed either through Surplus Cell (now called as Retraining & Redeployment Division) of DoPT or by the Ministry/Department concerned from which he rendered surplus [Rule 4(6) and 4(7)(a) ibid] In case the surplus staff is redeployed through the Surplus Cell of DoPT then the entire process for identification and declaration of surplus staff as outlined in the OM No.1/1/2002-CS-III dated 26.3.2002 of DoPT will have to be followed. The date of acceptance on the Surplus Rolls of the R&R Division would be the actual date from which a surplus staff would be treated as having declared surplus for all intents and purposes (Para 2(g) and Para 5 of the OM No.1/1/2002-CS-III dated 26.3.2002 of DoPT] In both the aforesaid situations (i.e. redeployment through surplus cell or redeployment by the Ministry/Department concerned, the past service rendered prior to redeployment would not count towards seniority in the new organization/ new post which a surplus employee joins after he is redeployed [Para11.1 of the OM No.1/18/88-CS-III dated 1.4.1989 of the DoPT.
(3). Whereas Dr.Keshari Chand Choudhary was working as Laboratory Assistant at the erstwhile Forest Rangers College, Balaghat prior to March,1990.
Whereas on closure of Forest Rangers College, Balaghat, the MoEF transferred/redeployed Dr.Choudhary from FRC, Balaghat from where he was rendered surplus, to the new post of Technical Assistant at the erstwhile Institute of Deciduous Forests, Jabalpur now TFRI, Jabalpur vide Order No.3-27/87-RT, dated 19.03.1990. In view of the aforesaid rule position, the past service rendered by him at FRC, Balaghat would not count towards seniority in TFRI, Jabalpur.
Therefore, the request of Dr.K.C.Choudhary for computing his seniority in the new organization i.e. TFRI Jabalpur from the date of initial appointment at Forest Rangers College in the new organization can not be acceded to. His representation dated 17.12.2009 is disposed of accordingly.
2. By filing the present Original Application, the applicant has again prayed to grant him seniority as has been computed from the initial date of appointment and quash the impugned order dated 18.8.2004 (Annexure A-8), wherein it has been stated that the application of Honble High Court, Jabalpurs order/judgment dated 3.8.2002 in L.P.A.No.215/97 may be extended to similarly situated all other employees of ICFRE who have represented for re-fixing/revising their seniority on the basis of the date of their posting in ICFRE & its Institutes.
3. Heard the learned counsel of both sides and carefully perused the pleading of the respective parties and the documents annexed therewith.
4. The only issue involved in this Original Application is whether the applicant, who was redeployed from Forest Rangers College, Balaghat on account of its closure to Tropical Forest Research Institute (for brevity TFRI) Jabalpur will be entitled to get benefit of his earlier service in fixation of seniority in new post.
5. The issue involved in this matter has already been decided by the Honble High Court of Madhya Pradesh in LPA No.215/97 (Smt.Manda Ade Vs. Indian Council of Forestry Research & Education, Dehradun and others, vide order dated 3.8.2002, wherein the Honble High Court has held that when a person is redeployed from a closed institution, even though he was not formally declared as surplus, he can not take advantage of his service in earlier organization in fixation of his seniority. The respondents in their order dated 13th June, 2010 (Annexure A-7) have also given reference to DOPTs instructions in this regard, wherein it is clearly mentioned that whether redeployment is through surplus cell or it is redeployment by the Ministry/Department concerned, the past service rendered prior to redeployment would not count towards seniority in the new organisation/new post which a surplus employee joins after he is re-deployed.
6. In the instant case the applicant was working as Laboratory Assistant at the erstwhile Forest Rangers College, Balaghat prior to March, 1990 and on the closure of Forest Rangers College, Balaghat, the MoEF transferred/redeployed him from FRC, Balaghat, from where he was rendered surplus, to the new post of Technical Assistant at the erstwhile Institute of Deciduous Forests, Jabalpur now TFRI, Jabalpur vide Order No.3-27/87-RT, dated 19.03.1990. Therefore, in view of the aforesaid rule position, as mentioned in the order dated 13th June,2010 (Annexure A-7), and the ratio of decision by the Honble High Court of Madhya Pradesh in the matters of Smt.Manda Ade (supra), the past service rendered by him at FRC, Balaghat would not count towards seniority in TFRI, Jabalpur. Therefore, the prayer of the applicant in this Original Application for computing his seniority in the new organization i.e. TFRI Jabalpur from the date of initial appointment at Forest Rangers College, Balaghat in the new organization can not be acceded to.
7. In this view of the matter, we do not find any merit in this Original Application. The same is dismissed, however, without any order as to costs.
(G.P.Singhal) (S.K.Kaushik)
Administrative Member Judicial Member
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Sub: seniority OA No.131/2012
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