Central Administrative Tribunal - Delhi
Harinder Kumar vs National Human Rights Commission on 17 May, 2023
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Item No. 27 (C-3) O.A. No. 2602/2016
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A. No. 2602/2016
This the 17th day of May, 2023
Hon'ble Mr. Ashish Kalia, Member (J)
Hon'ble Dr. Anand S. Khati, Member (A)
1. Shri Harinder Kumar, Age : 43 years,
S/o. Late Shri Chander Singh,
V.P.O. Mundakhere, Teh. Bahadurgarh,
Distt. Jhajjar, Haryana 124 105
2. Shri Ashok Kumar, Age : 44 years,
S/o. Late Shri Matu Ram,
RZ-107-B, Shiv Nagar,
New RoashanPura, Nazafgarh, Delhi-110 043.
3. Shri Yogender Kumar, Age : 44 years,
S/o. Shri Raja Ram,
Village : Sadullapur
Teh. Dadri. P.O. Vaidpura
Distt. Gautam Budh Nagar
4. Shri Harish Kumar, Age : 38 years,
S/o. Shri Jai Singh,
44/1, Pusph Vihar, Sector-1
M. B. Road, New Delhi 110 017.
5. Shri Raj Kumar Prasad, Age : 42 years,
Late Shri Parmeshwar Prasad
66/812, Sector 'D'
Mandir Marg, New Delhi - 110 001.
6. Shri YashwantSah, Age : 39 years,
S/o. Shri DwarkaSah
H. No. C-46, Ambedkar Place,
Nangli Vihar Extension
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Item No. 27 (C-3) O.A. No. 2602/2016
Village Bepraula, New Delhi - 110 043.
7. Shri Shivappa M., Age : 40 years,
S/o. Shri Malleshppa K.
H. No. 276, Sector-1,
R. K. Puram, New Delhi 110 022.
8. Shri Umesh Prasad, Age : 39 years,
S/o. Shri Arat Prasad
RZ C-97, Dabri Extension (East)
New Delhi - 110 045.
9. Shri Manoj Kumar Yadav, Age : 38 years,
S/o. Shri Randhir Singh,
Jhuljjuli, P.O. GhumanHera
New Delhi - 110 073. ....Applicants
(By Advocate : Mr. Susheel Sharma)
VERSUS
1. National Human Rights Commission
Through its Secretary General,
Manav Adhikar Bhawan, C-Block,
G.P.O. Complex, INA, New Delhi.
2. Director (Admn.)
National Human Rights Commission
Through its Secretary General,
Manav Adhikar Bhawan, C-Block,
G.P.O. Complex, INA, New Delhi.
3. Under Secretary (Estt.)
National Human Rights Commission
Through its Secretary General,
Manav Adhikar Bhawan, C-Block,
G.P.O. Complex, INA,
New Delhi. ....Respondents
(By Advocate : Mr. Deepak Bhardwaj)
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Item No. 27 (C-3) O.A. No. 2602/2016
ORDER (ORAL)
Hon'ble Mr. Ashish Kalia, Member (J) The applicants have filed the present OA seeking the following main reliefs :-
"8(a) Quash and set aside the impugned orders available as Annexure A-1 (colly) to this OA and restore the right of the applicants by re-instating them to the post of LDCs retrospectively w.e.f. 29th March, 2016 with all the consequential benefits as if the impugned orders were never passed.
(b) To grant anti-dating stay on the implementation of impugned order till the present O.A. is finally decided on merits.
(c) to grant suitable cost of litigation in favour of the applicants and against the respondents."
2. The applicants were initially appointed as Group 'D' on different dates. After qualifying the departmental test applicants no. 1 to 4 were regularized on the post of LDC on w.e.f. 20.03.2015. However, applicants no. 5 to 9 were promoted as LDCs on regular basis vide order dated 29.04.2015.
3. Since the applicants were given reversion notice, they approached this Tribunal after making individual detailed representation dated 30.03.2016 annexed at 4 Item No. 27 (C-3) O.A. No. 2602/2016 page nos. 38 to 41 of the paper book. The said order of reversion dated 29.03.2016 has been challenged before this Tribunal.
4. Notices were issued to the respondents who put appearance and filed reply stating in paras 1, 2, 3, 4 and 5 as under :-
"1. That NHRC had a sanctioned strength of 40 LDCs in 2013. Out of these 40 LDCs, 21 were in position and 19 posts were vacant at that time.
2. That as per notified RRs of LDC, 10% posts (i.e. 04) are to be filled up by promotion failing which by direct recruitment and 90% posts (i.e.
36) are to be filled up by Direct Recruitment failing which by transfer/transfer on deputation.
At that time i.e., in 2013, the promotion quota vacancies stood filled up. A typing speed of 30 WPM in English or 25 WPM in Hindi is required for appointment on direct recruitment/promotion basis.
3. Meanwhile NHRC had been assessed by the SIU. SIU had submitted its report on 30.01.2013 and same was placed before the Full Commission and duly approved by the Commission vide its meeting dated 05.06.2013 and 11.06.2013 and finally sent to Govt. on 31.07.2013. SIU had recommended abolition and creation of various posts. In the said recommendations SIU had recommended that the post of LDC may be reduced from 40 to 20. Final approval of the Govt. for reduction in the post of LDC alongwith other recommendations for creation/abolition/adjustment of various posts was received in the Commission on 12.05.2015. Guidelines of SIU report vide Govt. Order dated 20th November 1980 states that SIU report is to be implemented within a month.
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4. The then Hon'ble Chairperson had accorded approval for diversion of deputation quota vacancies to promotion quota in the grade of LDC, subject to passing the typing test with the speed of 30 wpm, as per notified RRs of NHRC. As per RR probation period is two years. The relaxation by the former Chairperson for diversion of direct rectt quota vacancies to promotion quota was to redress the grievances of MIS regarding their stagnation in the post of MIS though they were granted MACP benefits and erroneous understanding that their promotion to the grade of LDC will not create any financial implications.
5. A typing test of 19 Ad-hoc-LDCs was held in December 2013, Feb 2014, June 2015 and March, 2016 giving sufficient time to the concerned officials to prepare themselves for the skill test. Duly constituted Board of Officers presided over by the senior officers of the Commission had taken the typing test. In public employment promotion cannot be claimed as a matter of right and since these MISs were promoted without skill test, typing test is must without which their promotion will look unjustified. Hence, to adjudge their suitability to the post of LDC, decision for conducting typing test had been taken. Further, there was general perception that performance of some of these LDCs was not upto mark and they lack the essential criteria i.e. typing which is essentially required for the post f LDC. All these factors necessitated conduct of typing test."
5. Learned counsel for respondents added that Ministry of Home Affairs also pointed out that after implementation of SIU, promotion of MTS to the grade was unjustified, pursuant to which the impugned reversion order was passed.
6Item No. 27 (C-3) O.A. No. 2602/2016
6. Short question raised before this Tribunal is whether reversion in view of the circumstances is justifiable or not?
7. In a similar matter in OA No. 2422/2016, it was argued that certain posts were diverted by the then Chairman of NHRC. Specific affidavit was required to be filed by the department in that matter which they have filed stating therein in paras 2 to 6 as under :-
"2. As per Recruitment Rules to the post of LDC applicable at that time, 10% posts (i.e. 04 post) are to be filled up by promotion, failing which, by direct recruitment and 90% (i.e. 36) are to be filled up by Direct Recruitment failing which by transfer/transfer on deputation. At that time i.e. in 2013, the promotion quota vacancies stood exhausted. A typing speed of 30 w.p.m. in English or 25 words per minute in Hindi is required for appointment on direct recruitment/promotion basis.
3. In this regard, it is submitted that with the approval dated 26.03.2013 of the then Hon'ble Chairperson of NHRC, the vacancies of direct recruitment/ deputation quota (there were 36 posts) were diverted to promotion quota. While taking approval, it was clearly mentioned that the promotion would be subject to passing the typing test with speed of 30 wpm.
4. Accordingly, with the approval of Chairperson, NHRC initially, 19 MTS were promoted as LDC on adhoc basis w.e.f. 16.05.2013 vide Commission order dated 25.06.2013 and a panel was prepared for filling up future vacancies.7
Item No. 27 (C-3) O.A. No. 2602/2016
5. The written test of above 19 promoted LDCs was conducted on 12.03.2015 and consequent upon the qualifying the same, these 19 adhoc LDCs were promoted on regular basis.
6. Thereafter, 10 more MTS were also promoted as LDC w.e.f. 29.04.2015 vide Commission order dated 29.04.2015. Accordingly, total 29 LDCs were in position at that time. It is apt to mention here that, during the above promotion/ process, approval of the Govt of India on SIU recommendation was not received and matter was under consideration with Ministry of Home Affairs."
8. It is stated that written test of certain LDCs was conducted and on qualifying the same those LDCs were promoted on regular basis in which category the applicants also fall but were reverted back because they did not qualify the Typing Test.
9. We are clear on this point that if the applicants are seeking promotion they have to undergo typing test which is directed to be conducted within a period of three months from the date of receipt of a copy of this order.
If the applicants pass the said test, they shall be promoted to the post of LDC without consequential benefits as the vacancies were diverted meaning thereby 8 Item No. 27 (C-3) O.A. No. 2602/2016 that they would be allowed to work against the live vacancies.
10. With this direction the OA is partly allowed. The impugned order dated 29.03.2016 is set aside. In case any training is required to be undergone by the applicants, that may also be done.
11. The above exercise shall be completed within a period of three months from the date of receipt of a copy of the order.
There shall be no order as to costs.
(Dr. A. S. Khati) (Ashish Kalia) Member (A) Member (J) /Mbt/