Punjab-Haryana High Court
Union Of India And Others vs Mangal Singh And Another on 13 October, 2010
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
C.W.P. No. 7201-CAT of 2004
Date of Decision: October 13, 2010
Union of India and others
...Petitioners
Versus
Mangal Singh and another
...Respondents
CORAM: HON'BLE MR. JUSTICE M.M. KUMAR.
HON'BLE MS. JUSTICE RITU BAHRI.
Present: None for the petitioners.
Mr. Jagdeep Jaiswal, Advocate,
for respondent No. 1.
1. To be referred to the Reporters or not? Yes
2. Whether the judgment should be reported in the Digest?
M.M. KUMAR, J.
1. The Union of India and its officers have filed the instant petition challenging order dated 14.1.2004 (P-4) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh, allowing the Original Application filed by the applicant-respondent No. 1 by setting aside the order dated 31.1.1998 (A-1) and letter dated 15.4.1998 (A-2). He has been restored back to his position as Highly Skilled Grade-II w.e.f. 15.10.1984 and to Highly Skilled Grade-I w.e.f. 15.10.1985 with all consequential benefits of pay, allowances and seniority.
2. Brief facts of the case are that the applicant-respondent No. 1 joined the service at Garrison Engineer, Gurdaspur as Fitter on 21.6.1978 in C.W.P. No. 7201-CAT of 2004 2 the grade of Rs. 260-400. Prior to 15.10.1984, the post of Pipe Fitter/Plumber was in the grade of Rs. 210-290. The next channel of promotion from the post of Pipe Fitter was as Fitter in the grade of Rs. 260-400 and then as Mechanic in the grade of 330-480. On 15.10.1984, on the basis of the recommendations made by the 3rd Pay Commission and that of the Anomalies Committee, the Government of India, Ministry of Defence, addressed a letter to the Chief of Army Staff intimating that the Government has decided to upgrade certain posts from semi-skilled grade of Rs. 210-290 to the skilled grade of Rs. 260-
400. Accordingly, the posts of Pipe Fitter and Plumber were also upgraded from the then existing scale of Rs. 210-290 to Rs. 260-400 (A-3). Fresh induction to the trades mentioned under para (i) of the said decision could only be made from such persons who answers the following conditions:
"a) Semi skilled categories to be identified by you or feeder categories in the pay scale of 210-290 already existing under the present recruitment rules, subject to the workers having rendered a minimum of three years service in the grade and after passing the prescribed trade test; and
b) direct recruits with ITI certificate/Ex-Trade Apprentices/ NCTVT etc. inducted in the semi-skilled grade, who have rendered 2 years service in that grade."
3. Under para (ii) of the letter dated 15.10.1984 (A-3), a further provision was made for introduction of Highly Skilled Grade-II in the scale of Rs. 330-480 and Highly Skilled Grade-I in the scale of Rs. 480-560 from the common category jobs listed in Annexure-I classified as Skilled depending on the functional requirement of highly skilled jobs in the following manner as a C.W.P. No. 7201-CAT of 2004 3 bench mark:
"a) Highly Skilled Grade-I (Rs. 380- 35%
560)
b) Highly Skilled Grade- (Rs. 330- 20%
II 480)
c) Skilled Grade (Rs. 260- 65%
400) "
4. The petitioners with a view to implement the said decision clubbed the vacancies of Pipe Fitter/Plumber with that of Fitter and their designations were also changed as Fitter Pipe Skilled in the grade of Rs. 260-
400. A combined seniority list was also prepared wherein the applicant- respondent No. 1 was treated senior en-block being working in the grade of Rs. 260-400 prior to coming into force of OM dated 15.10.1984. Thus, he was promoted as Fitter Pipe Highly Skilled Grade-II in the scale of Rs. 330-480 w.e.f. 15.10.1984. After qualifying the requisite trade test, he was further promoted as Highly Skilled Grade-I w.e.f. 15.10.1985, vide order dated 7.9.1987. The pay of the applicant-respondent No. 1 was also fixed in the pay scale of Rs. 330-480 w.e.f. 15.10.1984 and thereafter in the grade of Rs. 380- 560 w.e.f. 15.10.1985.
5. On 22.11.1995, an order was passed changing the date of seniority of the applicant-respondent No. 1 in the Trade of Fitter Pipe Highly Skilled Grade-II from 15.10.1984 to 9.12.1987 (A-4). On 27.11.1995 another order was passed changing his date of seniority as Fitter Pipe Highly Skilled Grade-I as 1.1.1992 instead of 15.10.1985 (A-5). Feeling aggrieved, the applicant- respondent No. 1 challenged the aforementioned order before the Tribunal by filing OA No. 16/PB/96. The principal ground urged before the Tribunal was C.W.P. No. 7201-CAT of 2004 4 that the orders dated 22.11.1995 and 27.11.1995 (A-4 & A-5) were passed without issuing any show cause notice to the applicant-petitioner. The Tribunal allowed the OA by setting aside the aforementioned orders and also granted liberty to the petitioners to proceed in the matter after following due procedure (A-7).
6. Thereafter a show cause notice dated 31.3.1997 [23.3.1997?](A-8) was issued to the applicant-respondent No. 1. The petitioners have claimed that in the said notice it was categorically stated that the applicant-respondent No. 1 was posted in the concerned unit from another unit/area and one Shri Hans Raj, who was senior to him being still in the grade of Fitter Pipe (S.K.), therefore, he was also liable to be reverted to the post of Fitter Pipe (S.K.). As a result thereof, his further dates of promotions to Highly Skilled Grade-II and Highly Skilled Grade-I were also required to be altered. However, a perusal of the show cause notice which has been placed on record as Annexure A-8 reveals that nothing was mentioned therein about the adjustment of Shri Hans Raj. Paras 2 to 7 of the show cause notice reads as under:-
"2. Consequent upon implementation of three grade structure of industrial estt as per E in C's Branch Army HQ New Delhi letter No. 90270/89/FIC of 4 June 85, the existing posts of Pipe Fitter, Plumber and Fitter (who were promoted from Pipe Fitter/Plumber) were required to be added for the purpose of promotion to Fitter Pipe HS-II/HS-I.
3. And whereas you were promoted to Fitter Pipe HS-II w.e.f. 15.10.84 vide CWE(P) Amritsar Cantt letter 1513./Fit/75/EIB (NE) pf 1.5.86 and subsequently fitter pipe HS-I w.e.f. 15.10.85 vide CWE(P) Amritsar letter 1513/Fit/151/EIB (NB) of 7 Sep 97, C.W.P. No. 7201-CAT of 2004 5 considering the trade of 'Fitter' as enable senior which was and is contrary to the existing instruction till date. As such your promotion was required to be reviewed as per CRPO 26/90.
4. And whereas to review the above promotions as per existing instructions the revised seniority has been refixed as Fitter Pipe (SK) after adding the three categories. On refixation of your seniority the grade of Fitter Pipe (SK) as 21.6.78 by applying CRPO 78/73 as clarified in CRPO 11/75 as you have been posted from other area, you have been found liable to be reverted to the post of Fitter Pipe (SK) as on date MES-357275 Sh. Hans Raj Fitter Pipe having seniority of SK trade as 16.5.78 i.e. senior to you is still in the grade of Fitter Pipe (SK).
5. Now your Promotions to Fitter Pipe HS-I/HS-II are being cancelled for re-consideration of your promotion by review DPC in terms of CRPO 26/90 due to revision of seniority.
6. Revised seniority through Review DPC has been determined as under
F/Pipe HS-II Revised F/Pipe HS-I Revised Principal Seniority date Original Seniority date Seniority/ date of Promotion Seniority/ date of Promotion of Promotion of Promotion given given erroneously erroneously 15.10.84 9.12.87 15.10.85 1.1.1992 Without financial effect.
7. As such an opportunity is hereby given to you for C.W.P. No. 7201-CAT of 2004 6 submission of your representation, if any, against your reversion to the grade of Fitter Pipe (SK). Your reply must reach this HQ by 1 Apr 97."
7. On 7.6.1997 (A-9), the applicant-respondent No. 1 replied to the said show cause notice stating that since he was promoted to the grade of Rs. 260-400 prior to issuance of OM dated 15.10.1984, therefore, his date of promotion to that grade could not be postponed to 9.12.1987 and he was to rank senior to other persons who had been promoted in the said grade of Rs. 260-400 w.e.f. 15.10.1984. A request was made for withdrawal of the show cause notice. After considering the said reply, the petitioners passed an order dated 31.1.1998 reiterating their earlier decision to change the dates of promotions of the applicant-respondent No. 1 to Fitter Pipe Highly Skilled Grade-II from 15.10.1984 to 9.12.1987 and to the grade of Highly Skilled Grade-I from 15.10.1985 to 1.1.1992 without financial effect (A-1). It was further ordered that no recovery from his was to be effected.
8. Feeling aggrieved against the aforementioned order dated 31.1.1998, the applicant-respondent No. 1 made two representations dated 27.2.1998 and 6.6.1998 (A-10 and A-11) and then filed O.A. No. 545-PB of 1999 before the Tribunal. The Tribunal allowed the OA vide order dated 14.1.2004 (P-4). In para 4 the Tribunal has specifically noticed that the applicant-respondent No. 1 was already in the scale of pay of Rs. 260-400 with effect from 2.8.1976 and joined the office of Garrison Engineer-Gurdaspur in the said scale in the year 1978. Upon restructuring as a result of issuance of OM dated 15.10.1984 (A-3), Pipe Fitters and Plumbers were allowed merger in the category of Fitters, which earlier was a promotional post for the said two categories. In 1993, as a result of fitment of industrial workers, the benefit of C.W.P. No. 7201-CAT of 2004 7 higher scale of pay was given to these two categories of Pipe Fitters and Plumbers w.e.f. 16.10.1981. In this manner, the applicant-respondent No. 1 was given his due by fixing his seniority above all those coming in the category of Fitters from lower scale of pay as a result of merger and introduction of three grade structure. The applicant-respondent No. 1 was placed in the promotion post of Highly Skilled Grade-II w.e.f. 15.10.1984 in the next higher grade of Rs. 330-480. After passing the trade test by him, he was promoted to Highly Skilled Grade-I w.e.f. 15.10.1985 in the pay scale of Rs. 380-560. The Tribunal further observed that it had granted opportunity to the petitioners twice i.e. on 2.1.2003 and 1.7.2003 by passing detailed orders to ascertain the said facts and as to how the applicant-respondent No. 1 could be placed in the seniority of Fitter below the newly merged categories of Pipe Fitter and Plumber. However, the petitioners failed to show any record which would have justified change of seniority of the applicant-respondent No. 1 in the common seniority list of Fitters. Accordingly, the Tribunal has set aside both the orders dated 31.1.1998 and 31.3.1998 (A-1 and A-2) and restored back the applicant-respondent No. 1 to his position as Highly Skilled Grade-II w.e.f. 15.10.1984 and to Highly Skilled Grade-I w.e.f. 15.10.1985.
9. No one has put in appearance on behalf of the petitioners in support of the petition.
10. Mr. Jagdeep Jaiswal, learned counsel has informed the Court that the applicant-respondent No. 1 has already retired from service w.e.f. 31.5.2007 and there was no interim order passed by this Court staying the order of the Tribunal, dated 14.1.2004.
11. We have perused the paper book and heard the learned counsel for the applicant-respondent No. 1 and found that there is no infirmity in the order C.W.P. No. 7201-CAT of 2004 8 dated 14.1.2004 (P-4) passed by the Tribunal. The Tribunal has rightly observed that on merger of three categories, the applicant-respondent No. 1 was liable to be placed higher in the seniority because he was in the pay scale of Rs. 210-290. The fact remains that the lower categories of Pipe Fitter and Plumber were granted higher pay scale w.e.f. 16.10.1981, therefore, the persons falling in those categories were enblock junior to the persons who were drawing higher un-revised scale like the applicant-respondent No. 1. Therefore, on change of grade of higher scale of the lower categories of Pipe Fitter and Plumber w.e.f. 16.10.1981, the seniority of the applicant-respondent No. 1could not have been changed to his disadvantage. Moreover, the applicant-respondent No. 1 has already retired from service w.e.f. 31.5.2007, therefore, nothing remains to be adjudicated as no financial implication is involved because in the order dated 31.1.1998 it has been clearly mentioned that no recovery on account of regularisation of pay was to be effected from the applicant-respondent No. 1.
12. As a sequel to the above discussion, the instant petition fails and the same is accordingly dismissed.
(M.M. KUMAR)
JUDGE
(RITU BAHRI)
October 13, 2010 JUDGE
Pkapoor