Central Administrative Tribunal - Allahabad
Prem Chandra vs Union Of India Through Its General ... on 1 June, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH ALLAHABAD
Allahabad, this the 01st day of June , 2012
Honble Mr. Sanjeev Kaushik, Member-J
Honble Ms. Jayati Chandra, Member-A
Original Application No. 02 of 2012
(U/s 19 of Administrative Tribunal Act, 1985)
1. Prem Chandra, son of Shri Mukhlal Prasad.
2. S.C. Lal, Son of Late Premchand.
3. M.K. Gupta, son of Late Tejpal Gupta.
4. V.K. Mishra, son of Shri Udai Chand Mishra.
5. Durga Singh, son of Shri Pratap Ram,
All the applicants are working in Diesel Locomotive Works, Varanasi.
Applicants.
By Advocate : Shri Shekhar Kumar
Shri L.M. Singh
V E R S U S
1. Union of India through its General Manager, Diesel Locomotive Works, Varanasi.
2. The General Manager (P), Diesel Locomotive Works, Varanasi.
3. The Senior Personnel Officer, Diesel Locomotive Works, Varanasi.
Respondents
By Advocate : Shri Anil Kumar
O R D E R
Delivered by Mr. Sanjeev Kaushik, Member-J By means of the instant original application filed under section 19 of Administrative Tribunals Act 1985, the applicants have prayed for quashing the List dated 17.10.2011 and 16.11.2011 issued by the respondent No. 2 (Annexure A-4 and A-5) and also the order dated 22.11.2011 (Annexure A-8). Prayer has also been made for direction to respondent No. 2 to prepare a fresh list of eligible candidates after including the name of the applicants for considering the promotion to the post of Assistant Works Manager (Group B).
2. The facts of the case, in brief, are that the applicant Nos. 1 to 3 are working in the Electrical Department and the applicant Nos. 4 & 5 are working in the Engineering Department as Group C employee in pay scale of Rs. 6500-10500. After implementation of 6th Central Pay Commission, the pay scale of Rs. 6500-10500 and 7450-11500 have been merged in a single Pay Band of Rs. 9300-34800 with Grade Pay Rs. 4600. The respondent No. 2 issued Office Orders dated 10.06.2008 and 28.07.2009 for formation of panel for promotion to Group B post in Electrical Engineering Department and Mechanical Engineer Department against 70% quota wherein the name of the applicants have been included (Annexure A-2 and A-3). It is alleged that the respondent No. 2 issued letters dated 17.10.2011 and 16.11.2011 for formation of panel to Group B post in Electrical Department and Mechanical Engineering Department wherein the name of the applicants have not been included (Annexure A-4 and A-5). Aggrieved by the inaction of the respondent No. 2, the applicants moved representation dated 28.10.2011 and 26.11.2011 for inclusion of their names in the said list. The respondent No. 2 in response to the representation of the applicant issued a letter dated 22.11.2011 rejecting the claim of the applicants on the basis of Railway Board Letter No. E(GP)99/2/22 dated 29.03.2010 and 02.09.2011. Hence the O.A.
3. Pursuance to notice respondents appeared and resisted the claim of the applicant by filing detailed counter affidavit. It is submitted that the respondents issued a Notification dated 17.10.2011 for holding selection for formation of a panel for promotion against 12 posts of Assistant Works Manager Group B in Mechanical Engineering Department and Notification dated 16.11.2011 for formation of a panel for promotion against 3 posts of Assistant Electrical Engineer Group B. A list of 44 eligible candidates, who applied for the post of Assistant Works Manager and 12 candidates for the post of Assistant Electrical Engineer against 70% quota was prepared as per integrated seniority of various streams of Mechanical Engineering & Electrical Department . It is further submitted by the respondents that in terms of Railway Boards Letter dated 22.07.2004, Group C employees with three years non-fortuitous service in the pay scale minimum of which 5000-8000 (pre-revised) and above are eligible for appearing in the selection for Group B post against 70% quota. In para 7 of the Counter Reply, the respondents have stated that before implementation of 6th C.P.C , inter se seniority, only for the purpose of selection to Group B, was maintained as per para 2003.5 of Indian Railway Establishment Manual Vol. I (1989 Edition). But after implementation of 6th C.P.C, the pay scale of 6500-10500 and 7450-11500 (pre-revised) have been merged into a single grade Rs. 4600. Since the persons working in each stream in pay scale of Rs. 7450-11500/- were senior to those, who were working in pay scale of Rs. 6500-10500 (pre-revised), therefore, as per Railway Boards Letter dated 02.09.2011, in the seniority list of grade pay 4600/-, the staff working in 7450-11500 are placed above the staff working in pay scale of Rs. 6500-10500. Hence while preparing the integrated seniority for Group B posts against 70% quota vide Notification dated 17.10.2011 and 16.11.2011, the staff working in Grade pay Rs. 4600 have been considered according to their seniority and inter se seniority of each stream have been maintained and sought dismissal of the O.A
4. The applicant has also filed rejoinder affidavit. In para 7 of the Rejoinder Affidavit, which is reply to para 7 of Counter Reply, the applicants have stated that earlier By virtue of provisions contained in para 203.5 of I.R.E.M Vol I, the applicants were called for appearing in the examination for formation of panel for the post of Assistant works Manager Group B for promotion in Mechanical Engineering Department and the list of eligible candidates was prepared for promotion against 70% quota on the basis of non-fortuitous service in scale of Rs. 6500-10500 and at present, there is no change in the said provision contained in Para 203.5 Vol.I It is further submitted that the merger of pay scale of Rs. 6500-10500 and 7450-11500 in one Grade Pay Rs. 4600 is only for the purpose of monetary up-gradation or monetary equality to the candidates having non- fortuitous service /greater length of service in scale of Rs. 6500-10500 as to those of candidates having scale of Rs. 7450-11500 and it does not debar the candidates for being enlisted as eligible candidates having non fortuitous service in pay scale of Rs. 6500-10500 (pre-revised) for promotion to the post of Assistant Works Manager in Mechanical Engineering Department under 70% quota. It is also submitted that the respondents are misinterpreting the Railway Boards Letter dated 02.09.2011 as the inter se seniority of employees within each stream should be maintained according to their length of service in Pay Band 9300-34800 + 4200 G.P and 9300-34800 + 4600 G.P in their particular trade from which they are coming into integrated seniority, but in the Notification dated 17.10.2011 and 16.11.2011 the respondents have prepared the integrated seniority on the basis of scale of Rs. 7450-11500 (pre-revised) and not on the basis of length of service in the Grade Pay Rs. 4600, which is illegal and against the provision of Para 203.5 of I.R.E.M Vol. I.
5. We have heard Shri L.M. Singh with Shri Shekhar Kumar, learned counsel for the applicants and Shri Anil Kumar, representing the respondents.
6. The solitary contention raised by the counsel for the applicant is that after implementation of the 6th Pay Commission when the two pay scales have been merged in one pay scale of Rs. 9300-34800 + G.P. Rs. 4600, the seniority is to be regulated as per para 203.5 of I.R.E.M Vol I which mandates that seniority be fixed on the basis of length of service. For better appreciation, para 203.5 is reproduced herein under: -
203.5. Since employees from the different streams will be eligible to appear in the selection, their integrated seniority for purposes of the selection should be determined on the basis of total length of non-fortuitous service rendered in grade of Rs. 6500-10500 (R.S) and above. In other words the date of appointment to the grade Rs. 6500-10500 (R.S) on a non-fortuitous basis will be the criterion.
7. From perusal of the above it is clear that inter se seniority is to be counted on the basis of length of service in new pay scale subsequent to the merger of the two different pay scales. The applicants herein were getting the pay scale of Rs. 6500-10500 (pre-revised), which, on implementation of 6th Pay Commission, was merged in pay scale of Rs. 9300-34800 + GP 4600 with pre revised pay scale of Rs. 7450-11500. Therefore, as per para 203.5, the seniority is to be reckoned on the basis of length of service in a particular grade. This has also been clarified by the Railway Board vide letter dated 20.09.2011, wherein it is clarified that for the purpose of promotion from Group C to Group B, the integrated seniority of employees coming from the various streams, will be determined on the basis of length of service (non-fortuitous) in the Grade Pay of Rs. 4600/-. The Railway Boards Letter dated 20.09.2011 reads as under: -
With reference to DLWs aforementioned letter, it is advised that in terms of instructions issued vide para 2(iii) of Boards Letter No. E(GP)99/2/22 dated 29.03.2010, it has been clarified that in the integrated seniority of Group C employees eligible for Group B selections (70% quota), employees in Pay Band PB-2 (Rs. 9300-34800) with Grade Pay of Rs. 4600 will be placed above those in Pay Band PB-2 (9300-34800) with Grade Pay of Rs. 4200. In either category, the relative seniority of employees coming from different streams will be determined with reference to length of non-fortuitous service in the Scale of PB-2+4600 or PB-2+4200, as the case may be. Therefore, the integrated seniority of Group C employees for promotion to Group B posts through 70% Selection will be made on the basis of length of their service (non-fortuitous) in the Grade Pay of Rs. 4600/-..
8. Thus it is clear that for the purpose of promotion from Group C to Group B, the panel should be prepared on the basis of length of service (non-fortuitous) in Pay Band PB-2 (Rs. 9300-34800) with Grade Pay of Rs. 4600. Therefore, the O.A deserves to be allowed.
9. Accordingly, the O.A is allowed. The impugned list dated 17.10.2011 and 16.11.2011 are hereby quashed and set aside. The respondents are directed to prepare the list of eligible candidates in terms of para 203.5 and the Railway Boards Letter dated 20.09.2011 (Quote above). No costs.
Member-A Member-J /Anand/ ?? ?? ?? ?? 2 O.A No. 02 of 2012