Central Administrative Tribunal - Delhi
Krishan Kumar S/O Late Shri C.N. Sharma ... vs The Secretary, Ministry Of Defence, The ... on 29 March, 2007
ORDER Neena Ranjan, Member (A)
1. In this OA applicant impugns order dated 8.7.2006 whereby respondents after considering previous OA No. 576/2005 directed that it be treated as a representation and a speaking order be passed. In the said order, applicants as per records (in terms of the earlier RRS, i.e. SRO 13E of 1989 and SRO 74 of 1996 Driver (Fire Brigades) Grade-II along with other equivalent categories with requisite years of service) were eligible to be considered for promotion to the post of Supervisor (Non-Technical).
2. On a cadre review of Fire Brigade Driver's undertaken to improve their service conditions, the Government of India introduced a four grade structure vide its order dated 17.9.2002 whereby the following graded structure, with new pay scales was introduced:
Fire Engine Driver-A Rs. 3050-4590 Fire Engine Driver-II Rs. 4000-6000 Fire Engine Driver-I Rs. 4500-7000 Fire Engine Driver-Special Grade Rs. 5000-8000.
3. With introduction of this graded structure, the promotional opportunities in the cadre of Fire Engine Driver's improved considerably and, therefore, it was felt that it is no longer necessary to persist with dual promotional avenues for them. The policy of dual promotional avenues made available to certain other cadres has also been deprecated by the Government of India. It was with this objective, that a policy decision was taken to do away with the provision of having Fire Engine Driver as a feeder cadre of Supervisor (Non-Technical). In the same order it was also mentioned that deletion of the Fire Engine Drivers from the feeder cadre for promotion to grade of Supervisor (Non-Technical) will lead to removal of stagnation for other feeder cadres. Accordingly, new SRO 148 of 2004 was introduced in the changed circumstances following cadre review having been undertaken in these cases.
4. By filing this OA, applicant has prayed for the following reliefs:
(a) to declare the Supervisor (Non-Technical) and Telephone Operator Grade-II (Recruitment) Rules, 2004 amended vide SRO 148 dated 30.9.2004 (to the extent that the same make the applicants ineligible for promotion to the post of Supervisor) as illegal, arbitrary and discriminatory.
(b) to direct the respondents to amend the Recruitment Rules and make the applicants eligible for promotion to the post of Supervisor in the same manner in which they were eligible in terms of unamended rules.
(c) to quash and set aside the impugned order dated 8.7.2006.
4. The facts in brief may be summed as follows:
(i) that applicant No. 1 joined the respondents as messenger boy on 9.8.1978 and applicant No. 2 as messenger on 26.5.1983 in the pay scale of Rs. 160-170. Both of them appeared as per rules in the test of Fire Man Grade-II. Applicant No. 1 joined as Fire Man Grade-I on 28.12.1981 and applicant No. 2 in the month of January, 1988;
(ii) that both the applicants were promoted as Fireman Grade-I on 15.7.1985 and April, 1991 respectively. It is clearly mentioned in the rules that Fireman Grade-I can also appear in the test prescribed for appointment on promotion to the post of Fire Engine Driver. Applicants qualified for said post in the aforesaid test of Fire Engine Driver and accordingly joined with effect from 14.3.1997 and April, 1998 respectively;
(iii) that as per the Recruitment Rules for the post of Supervisor (Non-Technical) notified vide SRO No. 74, Driver Fire Brigade with three years regular services in the grade having passed the Sr. Fire Supervisor Course from Defence Institute of Fire Research, Ministry of Defence were eligible for promotion to the post of Supervisor (Non-Technical);
(iv) that applicant No. 1 successfully qualified the General Course in Fire Fighting conducted from 1.1.1996 to 22.3.1996 and applicant No. 2 from 6.1.1997 to 27.3.1977 and were accordingly granted certificates. Thereafter, applicants were sent for further training and undertook course of Sr. Fire Supervisor at Centre for Environment and Explosive Safety, Delhi. The applicants successfully qualified for the same. This course was successfully completed by the applicants, under the directions of respondents, as the same was required for further promotion to the post of Supervisor (Non-Technical);
(v) that Fire Engine Driver (Fire Brigade Driver) have been eligible for the post of Supervisor since the inception of Ordnance Factory. According to the Recruitment Rules for the post of Supervisor notified in the year 1989 and 1996, Fire Engine Drivers are eligible for promotion to the post of Supervisor. It was for the first time, in the year 2004, the post of Fire Engine Driver was deleted from the Recruitment Rules vide SRO No. 148 dated 30.9.2004;
(vi) that in terms of Recruitment Rules for the post of Supervisor notified vide SRO No. 74 issued in April, 1996 all LDCs, Storekeeper, Photographer with three years regular service in the grade, Subedar Darban (with 8 years service in the grade), Leading Hand Fire and Driver Fire Brigade (with three years of regular service having passed the Sr. Fire Supervisor Course from Defence Institute, New Delhi) were all eligible for promotion to the post of Supervisor (Non-Technical);
(vii) that without considering that applicants, who had been working as Fire Engine Driver, have acquired all necessary qualification in terms of Recruitment Rules for the post of Supervisor, notified in the year 1996, the respondents have amended the same. As a consequence, in amended rules, applicants are ineligible for posts of Supervisor (Non-Technical); (viii) that respondents have caused serious prejudice to the applicants in making them ineligible for promotion to the post of Supervisor (Non-Technical). All other posts such as LDC, Photographer, Telephone Operator Grade-II and Subedar Darban and Leading Hand Fire have been made eligible for promotion to the post of Supervisor till amendment was made in 2004;
(ix) that after making aforementioned amendments, the respondents initiated process for filling up the post of Supervisor (Non-Technical) just to deprive the applicants from their legitimate claims. Hence, they filed OA 576/2003 which was disposed of on 29.3.2006 by directing the respondents to consider the claim of the applicants and pass a reasoned order;
5. In view of the above it is prayed that the OA be allowed with costs.
6. By filing counter reply, respondents have pleaded as under:
(i) that the present application seeks to challenge the provisions of Supervisor (Non-Technical) and Telephone Operator's Recruitment Rules 2004 as amended vide SRO-148 dated 30.9.2004 to the extent that the same makes the applicants ineligible for promotion;
(ii) that in terms of OA 576/206 the respondents have passed a detailed speaking order dated 8.7.2006 which is being challenge herein. A perusal of Speaking Order would show that the prime reason for amendment of the Recruitment Rules for promotion of Supervisor (Non-Technical) was due to the fact that as a result of upgradation of one of the feeder category, i.e. viz Fire Engine Driver, necessitated change in the Recruitment Rules. With regard to Fire Engine Driver it is submitted that the same has been categorized in a four grade structure with new pay scales. The above categorization was done with a view to confer better promotional opportunities for the cadre of Fire Engine Drivers. Since Fire Engine Drivers were provided with adequate promotional avenues, a need was felt to amend the Recruitment Rules of Supervisor (Non-Technical) by deleting the cadre of Fire Engine Driver and incorporating therein that the posts of Supervisor (NY/OTS) will be filled by promotion from other eligible employees of Lower Division Clerk, Photographer, Telephone Operator Grade-II with 03 years of regular service in the grade of 5% of posts of Supervisor (NY/OTS) be filled from Subedar Durwan with 8 years regular service in the grade and Leading Hand Fire with 03 years of regular service possessing any of the qualification, as specified below:
(a) Having passed the Senior Fire Supervisor course from Defence Institute of Fire Research, Ministry of Defence, New Delhi.
Or
(b) Having passed the Sub Officers Course from National Fire Service College, Nagpur, any other recognized Institution.
Or (C) Having passed the Sub Officer's Course or Assistant Divisional Officer's OR Divisional Officer's course from National Fire Service College Nagpur, any other recognized Institution OR
(d) Degree in Fire Engineering from Nagpur University, any other recognized Institution.
OR
(e) Having passed Graduate ship from Institute of Fire Engineers UK or Graduate ship from Institute of Fire Engineers India.
(iii) that it is a policy decision of the Government to do away with dual promotional avenues. Accordingly, the impugned amended Recruitment Rules were notified which is perfectly legal and in consonance with prevailing rules and procedures on this subject;
(iv) the contention of applicants that they have been discriminated against or that their promotional opportunities have been curtailed are without merit. As already submitted, that as a result of creation of a 4 graded structure the applicants have been accorded necessary and a better promotional avenues. The applicants cannot challenge discrimination vis-a-vis the cadres to which they do not belong. The services rendered by the applicants in their present post would be reckoned as qualifying service for promotion in accordance with the 4 grade structures and hence no grievance can be made on this count. As such, it is prayed that the OA be dismissed.
7. We have heard the learned Counsel for the parties and perused the record.
8. The main contention of the respondents is based on the powers of the executive to effect necessary amendments in Rules and regulations governing their employees, while keeping in mind their best interests and without violating the laws of natural justice and fair play. It is also important to note that no mala fide has been attributed in the discharge of this function. This case is fully covered by the decision of the Hon'ble Supreme Court in P.U. Joshi v. Accounts General, Ahmedabad 2003 AIR SCW-0-272 wherein it has been held as under:
(10) WE have carefully considered the sub-missions made on behalf of both parties. Questions relating to the constitution, pattern, nomenclature of posts, cadres, categories, their creation/abolition, prescription of qualifications and other conditions of service including avenues of promotions and criteria to be fulfilled for such promotions pertain to the field of Policy and within the exclusive discretion and jurisdiction of the State, subject, of course, to the limitations or restrictions envisaged in the Constitution of India and it is not for the Statutory Tribunals, at any rate, to direct the Government to have a particular method of recruitment or eligibility criteria or avenues of promotion or impose itself by substituting its views for that of the State. Similarly, it is well open and within the competency of the State to change the rules relating to a service and alter or amend and vary by addition/substruction the qualifications, eligibility criteria and other conditions of service including avenues of promotion, from time to time, as the administrative exigencies may need or necessitate. Likewise, the State by appropriate rules is entitled to amalgamate departments or bifurcate departments into more and constitute different categories of posts or cadres by undertaking further classification, bifurcation or amalgamation as well as reconstitute and restructure the pattern and cadres/categories of service, as may be required from time to time by abolishing existing cadres/posts and creating new cadres/posts. There is no right in any employee of the State to claim that rules governing conditions of his service should be forever the same as the one when he entered service for all purposes and except for ensuring or safeguarding rights or benefits already earned, acquired or accrued at a particular point of time, a Government servant has no right to challenge the authority of the State to amend, alter and bring into force new rules relating to even an existing service.
9. It may be pertinent to mention here that cadre review of Fire Brigade Driver undertook with the approval of the Government of India on 17.9.2002 whereby four graded structure and pay scales were introduced to bring promotional opportunities for the drivers working in the Ministry of Defence which cannot be termed as illegal or against the rules. This cadre review was done only to benefit all personnel working as Drivers in the Ministry of Defence and to deny the dual promotional avenues.
10. We may mention that administration has full powers/authority to amend the Recruitment Rules whenever required for proper cadre restructuring and that feeder cadres can be changed as and when needed, if enough promotional avenues are given to all concerned in amended Recruitment Rules. This is so in this particular case. Hence, the contention of applicants does not hold water and is rejected.
In view of the above, OA stands dismissed. No costs.