Central Administrative Tribunal - Jabalpur
Thakur Nirmal Singh vs Steel Authority Of India on 15 January, 2019
1 TA No.203/71/2013
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
CRICUIT SITTING:BILASPUR
Transferred Application No.203/71/2013
Jabalpur, this Tuesday, the 15th day of January, 2019
HON'BLE SHRI NAVIN TANDON, ADMINISTRATIVE MEMBER
HON'BLE SHRI RAMESH SINGH THAKUR, JUDICIAL MEMBER
Thakur Nirmal Singh, P.No.151069 Aged about 39 years S/o Shri
Hanuman Singh Diploma in Electrical Engineering And
A.M.I.E.(First Class) Senior Operator Cum Technician Blast
Furnace Section Electrical Maintenance Bhilai Steel Plant R/o
Quarter No.5A Street No.24 Sector One Bhilai Nagar Tah. & Distt.
Durg (C.G.) -Applicant
(By Advocate -Shri V.G. Tamaskar)
Versus
1. Steel Authority of India Limited Though Managing Director
Bhilai Steel Plant Ispat Bhavan Bhilai Nagar, Tah. & Distt. Durg
(C.G.)
2. Sanjay Kumar Verma P.No.14938 Diploma in Electrical
Engineering
3. Pawan Kumar Verma P.No.151082 Diploma in Electrical
Engineering
4. Vikas Kumar Soni P.No.151085 Diploma in Electrical
Engineering
5. Indrajeet Das P.No.151351 Diploma in Electrical Engineering
6. Khkursid Alam P. No.151351 Matriculate and I.T.I
7. Nilesh Kumar Shukla P.No.154659 RCL
8. Rajkumar Nayyar P.No.230457 ERS
9. Vijay Kumar P.No.154634 T & D
Respondents No.2 to 9 C/o Managing Director Bhilai Steel Plant
Ispat Bhawan Bhilai Nagar, Tah. & Distt. Durg (C.G.)
- Respondents
(By Advocate -Shri Vivek Verma)
(Date of reserving the order:09.01.2019)
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2 TA No.203/71/2013
ORDER
By Ramesh Singh Thakur, JM:-
This petition has been filed against the action of the respondent-department whereby the respondent No.2 to 6 despite the fact that they are not Graduate Engineers still they have promoted as Executives to the DO Grade whereas applicant is being a Diploma in Electrical Engineering an AMIE (First Class) which is equivalent to Graduate Engineering has been left behind.
Further respondents No.7 to 9 are juniors to the applicant and are holding Diploma Degree still they have been promoted to EO grade of Executives superceding the applicant.
2. The applicant in this Transferred Application prays for the following reliefs:-
"10(i) That the Hon'ble Court be pleased to call for entire record such as written test, interviews etc. maintained by Respondent No.1 to promote non-executives to executive cadre and peruse the same.
(ii) That the Hon'ble Court be pleased to call for promotion orders of Respondent No.2 and 9 promoting them to EO Grade, and quash the same as being illegal and manipulated by issuing appropriate writ or direction.
(iii) That the Hon'ble Court be pleased to mould the relief as and when required.
(iv) That the Hon'ble Court be pleased to issue any other writ or writs, order or orders, direction or directions deemed fit in the interest of justice."Page 2 of 15 3 TA No.203/71/2013
3. The facts of the case is that the applicant was appointed as Senior Technician w.e.f. 26.12.1991 and was promoted further as Lo 7/6 GR/CL on 30.06.1997, 108/C on 30.06.2001, SO9/3 on 22.07.2004 and to SC 10EC vide promotion order dated 28.06.2018. The copy of order dated 28.06.2008 is annexed as Annexure P/2 as the petitioner is Diploma holder in Electrical Engineering and also obtained A.M.I.E. Degree in Electrical Engineering in first class, which is equivalent to Graduate Engineering (Annexure P/1).
3.1 The respondent No.1 vide circular No.25/2008 dated 06.05.2008 unilaterally amended the service conditions of non- executives for their promotion to the executive posts i.e. EO grade, this promotion policy is annexed as Annexure P/3. The written test was to be conducted by Computer marking i.e. Optical Marking Record but about 20% of the papers were checked manually and there was lot of rigging to favour of officers concern. A Writ Petition(S) 151/2009 is already pending before this Hon'ble Court. The written test conducted on 28.09.2008 and thereafter interviews were conducted between 12/11/2008 to 02/12/2008 and final promotion orders to EO grade superseding the applicant was issued on 28.03.2009. So, as the applicant has been superseded by the respondents No.2, 3, 4 and 6 who are only Diploma in Engineering Page 3 of 15 4 TA No.203/71/2013 and respondent No.5 who is only a matriculate and respondents No.6 to 8 are working as Diploma Holders and much junior to the applicant.
4. The respondent department has filed the reply. The respondents have raised the preliminary submissions to the fact that the Steel Authority of India Limited (SAIL) is a Government Company within the meaning of Section 617 of the Companies Act. The respondent-SAIL has got five integrated Steel Plants including Bhilai Steel Plant and three Special Steel Plants, iron ore mines, lime stone and dolomite quarries and collieries in addition to units and the Central Marketing Organization spread over 65 locations in various states of the country. SAIL had one single policy for promotion from non-executive cadre to executive cadre which was being implemented in the different plants/units. Amendment/modification to this policy is done from time to time with the approval of Board of Directors of SAIL. The Board of Directors at its 331st meeting held on 30.10.2007 approved the promotion policy which is annexed as Annexure R/1. Thereafter the rules for promotion were framed under the policy for promotion from non-executive to executive cadre for giving effect to the policy guidelines and the same were also circulated by the SAIL Page 4 of 15 5 TA No.203/71/2013 Corporate Office. The copy of said circular dated 21.02.2008 is annexed as Annexure R/2.
4.1 Thereafter, certain amendments were considered and given effect to by SAIL Corporate Office. The said amendments were circulated by Bhilai Steel Plant vide Circular dated 06.05.2008. A copy of the said Circular along with amendments rules and policy is annexed as Annexure R/3. Thereafter SAIL Corporate Office vide its Circular dated 18.07.2008 invited applications from non- executive employees for consideration for promotion to the post of Junior Officer at all plants/units of SAIL.
4.2 In response to the circular dated 18.07.2008, the applicant along with others around 12000 non-executive employees of SAIL have appeared in the written test on 28.09.2008 under the revised promotion policy. The result of written test was received on 01.11.2008 and the applicant qualified in the written test but could not get selected for promotion to the post of JO based on overall performance in written, interview, experience and performance rating. The total 5009 number of candidates of SAIL qualified for interview and 1254 number of employees of SAIL have been promoted to the post of Junior Officer. That 1466 number of candidates out of the 3604 candidates of Bhilai Steel Plant who Page 5 of 15 6 TA No.203/71/2013 appeared in written test, qualified for interview and 360 candidates including respondent No.2 to 9 have been promoted to the post of Junior Officer notionally w.e.f.30.06.2008 vide order dated 27.03.2009 under the revised policy for promotion from non- executive to executive cadre being implemented by the respondent- company.
4.3 It has been specifically submitted by the replying respondents that the applicant has not challenged the promotion policy and rules circulated by the respondent-company. It has been specifically submitted by the replying respondents that the applicant has filed another Writ Petition (S) No.2359/2009 before the Hon'ble High Court being petitioner No.2 impleading respondents No.70 to 429 including the same respondent No.2 to 9 for similar facts challenging their promotion to the post of Junior Officer. Resultantly this petition is barred by the principle of res sub-judice and therefore the petition is not maintainable. Both the petitions are not maintainable for one and similar cause. 4.4 The Hon'ble Court vide its order dated 05.01.2009 in the Writ Petition (S) No.5044/2008 titled as Alok Agrawal and others vs. SAIL, BSP and others has dismissed petition challenging the Page 6 of 15 7 TA No.203/71/2013 revised promotion policy for promotion from non-executive and executive cadre to the post of Junior Officer.
4.5 On merits, the replying respondents have submitted that the promotion is not only based on qualification but it also includes the total marks of written test, interview, experience and performance rating as per the policy. Respondent No.2 to 9 have been selected based on the total marks obtained in written test, interview, experience and performance rating and therefore, have been promoted to the post of Junior Officer i.e. 30.06.2008 notionally vide order dated 27.03.2009 as per the revised promotion policy from non-executive to executive cadre.
4.6 The replying respondents further submitted that there is no direct recruitment in EO or JO. The induction in JO cadre is done from the employees in non-executive cadre of the Plant. The promotion of non executive to executive cadre in JO grade is done through selection process as per JO promotion policy of the company. Non executive with various qualification like engineering or equivalent, diploma holders, graduate or equivalent, matric or matric+ ITI as mentioned in the policy are eligible for JO selection. The copy of circular depicting JO promotion policy of the company has been annexed as Annexure R/1.
Page 7 of 15 8 TA No.203/71/2013 4.7 It has been further submitted by the replying respondents that as per revised promotion policy for the promotion from non- executive cadre to executive cadre was notified and ratified by SAIL vide circular dated 30.01.2008 and was subsequently amended vide circular dated 06.05.2008. The copy of Board of Resolution dated 06.11.2007 is annexed as Annexure R/4. It has been submitted by the replying-respondent that on the basis of written test for JO promotion was carried out on 28.09.2008. The same was followed by interview of candidates short-listed in the written examination. Based on the sum total of marks obtained in written examination, experience, performance rating and interview, 360 employees of Bhilai Steel Plant as per the order of merit were recommended for promotion to the post of Junior Officers and was resultantly promoted to the post of JO on 27.03.2009 with notional JO promotion date being 30.06.2008.
5. We have heard the learned counsel for both the parties and also gone through the documents attached with the pleadings.
6. From the pleadings it is clear that the only case of the applicant is that the applicant is appointed as Senior Technician w.e.f.26.12.1991 and is a diploma holder in Electrical Engineering and also obtained AMIE Degree in Electrical Engineering in first Page 8 of 15 9 TA No.203/71/2013 class which is equivalent to Graduate Engineering (Annexure P/1). The further contention of the applicant is that being a Graduate (AMIE) in Electrical Engineering he is a Degree holder whereas respondents No.2, 3, 4, 6, and 8 are only diploma holder in engineering and respondent No.5 is only a matriculate. The respondent-department has made specific submissions in the reply that there is one single policy for promotion from non-executive cadre to executive cadre which was being implemented in the different plants/units. The said policy has been approved of Board of Directors of SAIL (Annexure R/1). It is further submitted by the replying respondents that the rules for promotion were framed under the policy for promotion from non-executive to executive cadre for giving effect to the policy guidelines and the same were also circulated by the SAIL Corporate Office. The copy of said circular dated 21.02.2008 is annexed as Annexure R/2. It has been further submitted by the replying respondents that certain amendments were considered and given effect to by SAIL Corporate Office vide Circular dated 06.05.2008 (Annexure R/3).
7. It is also admitted by the replying respondents that SAIL Corporate Office vide circular dated 18.07.2008, had invited application for non-executive employees for consideration for promotion to the post of Junior Officer at all plants/units of SAIL. Page 9 of 15 10 TA No.203/71/2013 From the pleadings it is also clear that about 12000 non-executive employees of SAIL had appeared in the written test on 28.09.2008 under the revised promotion policy. The result of written test was received on 01.11.2008 and the applicant qualified in the written test but could not get selected for promotion to the post of JO based on overall performance in written, interview, experience and performance rating. It has been specifically submitted by the replying respondents that respondents No.2 to 9 have been promoted to the post of Junior Officer w.e.f.30.06.2008 vide order dated 27.03.2009 under the revised policy for promotion from non- executive to executive cadre being implemented by the respondent- company.
8. As per Annexure R/1 vide circular No.M&R-08/2008 dated 30.01.2008 the notification of revised policy for promotion from non-executive to executive cadre, it has been clearly spelt that the candidates promoted under this policy should be placed in Junior Officer grade and the eligibility for promotion to Executive cadre to be reckoned from entry in S-8 grade. The qualification eligibility is as under:-
"3.0 Eligibility The eligibility for promotion to Executive Cadre will be reckoned from entry in S-8 grade. Qualification wise eligibility will be as under:-
Years of Minimum Qualification in Minimum Page 10 of 15 11 TA No.203/71/2013 service in S8 Technical Stream Qualification in and above Non-Technical grade Stream 1 Degree in Engineering or Any specified equivalent Professional qualification 4 Diploma in Graduates or Engineering/B.Sc. in Non- equivalent medical or equivalent 9 Matric + ITI in Technical --
stream only
9. As per Annexure R/2 dated 21.02.2008 Circular No.11/2008, there is a notification of rules for promotions from non-executive to executive cadre and specific rules have been framed. As per the determination of eligibility, the qualification-wise eligibility is as under:-
"3.0 Determination of Eligibility 3.1 The eligibility for promotion to Executive Cadre will be reckoned from entry in S-8 grade. Qualification-wise be as under:-
Years of Minimum Qualification in Minimum service in S8 Technical Stream Qualification in and above Non-Technical grade Stream 1 Degree in Engineering or Any specified equivalent Professional qualification 4 Diploma in Graduates or Engineering/B.Sc.(PCM) or equivalent equivalent 9 Matric or Matric + ITI in --
Technical category only
10. As per above circular No.11/2008, the selection procedure has been prescribed under Clause 4 regarding inviting applications to conduct written examination. The Departmental Promotion Committee, condition with respect to performance of the Page 11 of 15 12 TA No.203/71/2013 candidates in written test, interview and past performance of the candidates.
11. As per Annexure R/3, some amendments have been made in Junior Officer policy regulation promoted earlier which has been circulated vide circular dated 25/2008 dated 06.05.2008, the amendments has been made under the rules framed under the policy which is as under:-
"AMENDMENTS MADE IN RULES FRAMED UNDER THE POLICY Existing Revised 3.1 For eligibility of 4 years in S- The provision has been revised 8 grade the minimum as under:
qualification in technical stream "Diploma in Engineering or reads as under: equivalent/B.Sc."
"Diploma in Engineering/B.Sc.
(PCM) or equivalent"
3.5 The employees having 3.5 The employees working in technical qualification but non-technical areas having working in non-technical areas Matric/Matric+ITI can opt for promotion in technical qualification or a qualification stream if by virtue of their specified for technical stream, technical qualification they can opt for promotion in become eligible for promotion in technical stream. Similarly that stream. employees working in technical stream can also opt for promotion in non-technical stream provided they have the qualification specified for that area. In such cases, the employee will have to qualify in the test to be conducted for the area of option.
New provision 3.7 The persons who are
awaiting their results of the
eligibility qualification exam,
shall be allowed to appear in
the written test subject to
production of the qualification
certificate in the event of their
selection.
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4.3.1 To qualify in the written 4.3.1 To qualify in the written
test, candidates will have to test, candidates will have to
obtain a minimum of 40% marks obtain a minimum of 40%
in each of the test segment (30% marks in aggregate (30% for
for SC/ST candidates)....... SC/ST candidates).....
4.4.1....... The DPC will prepare 4.4.1.........The DPC will
merit lists based on combined prepare merit lists in
performance of the candidates in descending order based on
written test, interview and past combined performance of the
performance of the candidates in candidates in written test,
descending order. interview, performance rating
of last three years and
experience in S-8 & above
grade.
4.4.2 The written test and 4.4.2 The merit list shall be
interview will have the weightage prepared with following
of 75% and 20% respectively and weightage:
rest 5% will be based on Component Weightage
performance rating of the
Written Test 50%
candidates of the last three years
as per guidelines given in Interview 20%
Annexure IV
Performance 15%
rating*
**Experience 15%
*the guidelines for giving
weightage for performance
rating are given in Annexure
IV.
**Each completed year of
service in S-8 and above grade
will carry a weightage of 1
mark subject to a maximum of
15 marks.
12. From Annexure R/1 to R/3, it is very clear that the policy stipulates that the selection will be done through written test, candidates will have to obtain a minimum of 40% marks in aggregate (30% for SC/ST candidates). Based on the marks obtained in the written test a merit list will be prepared separate for each qualification segment. Those who qualify in the written test Page 13 of 15 14 TA No.203/71/2013 will be called for interview in the ratio of 1:4 in order of merit. Further the weightage of different components is as under:-
Sl. No. Component Weightage
01 Written Test 50%
02 Interview 20%
03 Performance rating 15%
04 Experience* 15%
Note-*Each completed years in S8 and above grade will carry a weight age of 1 mark subject to maximum of 15 marks.
So, only the qualification has no role in deciding the final selection. The selection process is the sum total marks obtained in all the four factors (supra) decides the merit.
13. From Annexure R/1 to R/4 it is very clear that the qualification was eligibility as has been prescribed. So, the allegation and submissions made by the applicant that the applicant is a Graduate and the respondents No.2 to 9 are diploma holder or otherwise are not eligible for promotion ignoring the qualification of degree is not sustainable. It is pertinent to mention that the applicant has not challenged the policy and the rules and regulations made thereafter as per Annexure R/1 to R/3. From the reply Annexure R/1 to R/3, it is clear that the respondent- department prepare the select list after going through the selection process and after due weightage to the components i.e. written test, interview, performance rating and experience. So, the only Page 14 of 15 15 TA No.203/71/2013 question of degree holder is not relevant in the present case. The replying respondents have also raised the question of maintainability on the ground of principal of sub judice. The applicant has not filed any rejoinder to the objection raised by the respondent-department.
14. In view of the above, we are of the view that there is no illegality in the selection and promotion order passed by the replying respondents.
15. Resultantly, this Transferred Application is dismissed. No order as to costs.
(Ramesh Singh Thakur) (Navin Tandon)
Judicial Member Administrative Member
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