Central Administrative Tribunal - Kolkata
Sajal Dey vs Eastern Railway on 30 June, 2022
1, MO, oO 7 wd ° , - mS i 1 O.A. No. 350/1642/2015 + ome 7 CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA O.A. No. 350/1642/2015 Date of Order: 36: 06- 2022-- M.A. No. 350/00056/2017 Coram: Hon'ble Ms. Bidisha Banerjee, Judicial Member Hon'ble Dr. (Ms.) Nandita Chatterjee, Administrative Member Sajal Dey, aged about 42 years, son of Late Bipin Chandra Dey, working to the -- post of Helper-I (Group-D) in the Eastern Railway, Sealdah Division Under SSE(IC)/TRS/NKG and residing at 88, Thakurbari Sarani, Belghoria, Kolkata 700083. seveeeees Applicant -Versus- 1. Union of India service through the Secretary, Ministry of Railway, Railwlay Board, Rail Bhawan, New Delhi-110001. 2. The Railway Sports Control Board, service through the Secretary, 452, Rail Bhawan, Raisana Road, New Delhi- 110001. 3. The General Manager, Eastern Railway Kolkata, 17, N.S. Road, Fairlie Place, Kolkata-700001. 4, The Chief Personnel Officer, Easter Railway, Kolkata, 17, N.S. Road, Fairle Place, Kolkata-700001. 5. The Divisional Railway Manager, Eastern Railway, Sealdah Division, Sealdah, Kolkata-700012. 6. Shyamal Das, Clerk working under the Senior Divisional Operation Manager, Eastern Railway, Sealdah Division, Sealdah Kolkata 700012. | 7. Atanu Das, Clerk working under the Senior Divisional Operation Manager, Eastern Railway, Sealdah Division, Sealdah, Kolkata 700012. beneees Respondents For The Applicant(s): Mr. P. C. Das, Ms. T. Maity ; Counsel For The Respondent(s): Ms. D. Nag, Counsel yn | \ @ prunaY> joslalr ag; rs o th if 2 O.A. No. 350/1642/2015 ORDER
Per Dr. Nandita Chatterjee, Administrative Member:
Not having received his out of turn promotion to a Group 'C' post, the applicant has approached this Tribunal in second round of litigation praying for the following relief:-
"(a) To quash and set aside the impugned speaking order dated 2nd September, 2015 issued by the Chief Personnel Officer, Eastern Railway, Kolkata which was communicated by the Senior Divisional Personnel Officer, Eastern Railway, Sealdah vide communication letter dated 04.09.2015 being Annexure A-13 of this
2.A, whereby and whereunder on the basis of the circular dated 31.12.2010 the clairn of the applicant has been rejected which is not at all applicable in the case of the present applicant since your applicant was eligible for such promotion in the year 1996, 1997 at that point of time whatever circular was exists on the basis of that has to be considered being Annexure A-13 of this O.A. {b) To pass an appropriate order directing upon the respondent authority to issue out of turn promotion order against sports quota in favour of the applicant in terms of the Railway Board's circular which has already been recommended by the Divisional Railway Manager, Eastern Railway, Sealdah vide letter dated 17.02.2011 before the Chief Personnel Officer, Eastern Railway, Kolkata with effect from the date when the private respondent has got the same being a sports personnel along with all consequential benefits from Group-D to Group-C. {c) To pass an appropriate order directing upon the respondent authority to effect the out of turn promotion order in favour of the present applicant to the post of Group-C with effect from the date ie. from 2nd July, 1996 when the private - respondent has got the same. The applicant as well as the private respondent are similarly circumstanced and appointed in the department against the sports quota and both are entitled for out of turn promotion against the sports quota in view of the Railway Board's circular and to give all consequential benefits in favour of the applicant accordingly with effect from July, 1996,"
2. Heard both Ld. Counsel. Examined pleadings and documents on record.
3. The facts of the matter, in a narrow matrix, are as follows: -
That, the applicant was appointed as a Footballer under Sports Quota with effect from 31.10.1991 in the post of Group 'D' (Khalasi), and, his educational qualification at the time of his appointment was below Madhyamik. He was promoted thereafter to the post of Khalasi Helper in August, 1998, and, subsequently, found suitable for the post of Tech-lIII.
He was also granted his first and second MACP benefits in September, 2008 and January, 2012 respectively.
The applicant's claim for grant. of out of turn promotion to Group 'C' was initially recommended by the Honorary General Secretary, ae 3 O.A. No. 350/1642/2015 Eastern Railway (Sports) vide his note dated 19.10.1995 based on the performance of Indian Railways Team in U-21 National Championship held in 1994 (Semi-Finalists). The applicant's claim, however, could not be considered favourably as, although he had participated in the U-21 National Championship, his date of birth being 12.01.1972, his approximate age in 1994 would have been 22 years. Two other incumbents, namely, one Shri Shyamal Das (private respondent no..6),. _ who had been a team member in National Football Championship (Santosh Trophy) in 1992, 1993 and 1994 was recommended and granted such out of turn promotion. Similarly, the private respondent no. 7, Shri Atanu Das, was also recommended for out of turn promotion on the basis of U-21 National Football Championship.
The applicant was once again recommended in the year 1997 for out of turn promotion to Group 'C', as he had represented the Indian Railways in U-21 National Football Championship for the year 1991- 1992. The team, however, had lost in Semi-Finals in NFC 1991-1992. The applicant not having qualified in the Madhyamik, which was an essential requirement for such out of turn promotion, the General Manager recommended relaxation in his educational qualification to the Railway Board. The Railway Board, however, did not issue any approval to such recommendation.
That, thereafter, the applicant further represented on 31.12.2010 demanding out of turn promotion, and, not having: received the same, approached this Tribunal in O.A. 350/00090/2015 which was disposed of by this Tribunal on 26.06.2015 by directing the respondent no. 4, who is the Chief Personnel Officer (Eastern Railway), to issue a speaking order. Such reasoned order was duly issued on 02.19.2015 (at Annexure Ch, oO | oO.4 0.A. No. 350/1642/2015
O A-13 to the O.A.), assailing which, the applicant has approached this Tribunal praying for the aforementioned relief.
4. The applicant would primarily defend his claim based on circulars of 1976 and 1990 respectively. The respondents, on the other hand, would refer to the circulars of 1975, 1976, 1991, 2007 and 2010 in support.
The references to out of turn promotion from Group D' to Group 'C' are cited as under:-
a) Board's circular dated 29.07.1975 states that, to satisfy the minimum criteria, the sportsmen have to participate in the state [@) or equivalent unit in the National Championship either in the junior or senior section and obtain at least the third position.
b) The 1976 circular, relied upon both by the applicant and the respondents, lays down the following requisites :-
"Sub: Out of turn promotions to serving sportsmen In modification of the orders contained in Board's letter of even number dated 10.12.1975 the Ministry of Railways have decided that out of turn promotion may be given on the personal orders of the General Managers on the following criteria:
(i) Out of turn promotion may be.given to outstanding sportsmen who-
(a) in games in which International Meets are held, are selected to represent the country in such meets,
(b) in other games, have represented Railways in the National Meets on three occasions and acquitted themselves creditably.
(ii) The sportsmen should have put in 5 years of service in the existing grade; where relaxation of this limit is required the case may be referred to the Board.
(ii) No sportsmen should ordinarily be given more than one out of turn promotion in the course of his career, and i
(iv) As far as possible the out of turn promotion should be to a grade where there is a direct recruitment quota and this promotion should be counted against this direct recruitment quota. The GM will, however, have discretion to relax this provision in special cases. .
c) The circular of 1990, again relied upon by the applicant, lays | down the following criteria:-
hob ~ 5 0.A. No. 350/1642/2015 " PROMOTION FROM GROUP 'D' TO GROUP 'C' in partial modification of Board's letter No. E(NG)III/75/RR-1/26 dated 21.4. 1981, Board have decided that sportspersons recruited in Group 'D' categories may be considered for Promotion on out of turn basis if-
(a) during the course of their Sports career on the Railways, they fulfill the current norms for recruitment in Group 'C' category OR
(b) they represent Railways in the national Championships on two occasions.
Such an out of turn promotion of Sportspersons from Group D to Group C will not be considered as out of turn promotion for the purpose of the stipulation provided in the instructions contained in Board's letter No. E(N)1 li/75/RR-1, dated 25.11.1976 that no sportsman should ordinarily be given more than one out of turn promotion in the course of his career. Similarly for such an out of turn promotion the condition regarding minimum period of service also need not be insisted upon. "
d) The circular of 1991 calls for the following criteria for promotion from Group 'D' to Group 'C"-
Ls PROMOTION FROM GROUP 'D' TO GROUP C' Board have decided that sportspersons recruited in Group D categories may be considered for promotion on out turn basis if -
a) during the course of their sports career on the Railways, they fulfill the current norms for recruitment in Group "C" category subject to the minimum educational qualification being fulfilled:
OR
b) they represent Railways in the National Championships on two occasions Subject to the minimum educational qualification being fulfilled. -
NOTE if a sportsperson acquires the sports norms as per (a) & (b) above but not minimum educational qualifications,. the General Manager may promote him with the rider that he/she has to the required minimum educational qualification within period of three years : "
from the date of such promotion.
e) The 2007 circular lays down the following norms for promotion from Group D' to Group 'C' on out of turn basis:-
" PROMOTION FROM GROUP-D TO GROUP-C:
9.5.1 Sportspersons recruited in Group-D categories, may be considered for promotion to Group-C, on out-of-turn basis, subject to fulfilling the following criteria and acquiring the sports achievements after joining the Railways:
(i) Sportsperson acquiring the extant sports norms for recruitment to Group-C
- OR ,
(ii) Represented Indian Railways in the National Championships on two occasions OR
(iii) Gold Medal winning performance in any Championship, as mentioned in Category-C under Para-3; "
"6 0.A. No. 350/1642/2015
f) And, finally, the 2010 circular, in para 9.2, refers to out of turn promotion on the following criteria:-
"9.2 Out-of-Turn Promotion:
9.2.1 First Out-of-Turn Promotion:
First out-of-turn promotion, to next higher post in his/her cadre, may be given to the outstanding sportspersons by the Railway Administration after the personal.approval of the General Manager, subject to acquiring following sports achievements, after joining the Rai'ways.
9.2.1.1 (i) Represented the country with medal winning performance in the International Championships as defined in Category A&B, under Para 3 above.
OR
(ii) Sportsperson acquired the sports norms for higher Grade Pay and Pay Band, as mentioned in Para 4.1 above.
OR
(iii) Sportsperson represented Indian Railways in the Senior/Youth/Junior National Championships/USIC (World Railway) Championships on three occasions, with medal winning performance in each championship.
9.2.1.2 Not more than one out-of-turn promotion to a sportsperson shall be given by the General Manager at Railway's level.
9.2.1.3 As far as possible, the out-of-turn promotion shall be to a Grade, where there is a direct recruitment quota. However, where there is no provision of direct recruitment in the promotional grade, General Manager has discretion to create fhe special supernumerary post with matching surrender, for accommodating such promotion. .
9. Having culled out all these circulars, we find the qualifications are both performance oriented and, also call for certain minimum academic qualifications. According to the 1975 and 1976 circulars, the. participating team had to obtain, at least, the third position. But the applicant himself would admit that his team could not achieve the third position in the tournament in 1991-92 NFC. The 1976 circular talks about participation in National Meets on three occasions. The applicant's participation is confined to 1991-92 and 1993, that, in 1994 being disputed as he was overaged for U-21 NFC. In the 1990 circular, the essential criteria is to fulfill the current norms for recruitment in Group 'C' category which, admittedly, the applicant did not possess on the grounds of his lack of academic qualifications. In 2007 and 2010 circulars, the requirements have been made even more stringent as the candidates either have to acquire the extant sports norms for het
7. O.A. No. 350/1642/2015 recruitment to Group 'C', represent the Indian Railways on two occasions, or, demonstrate a gold medal winning performance.
6. "We note that the applicant has not participated in championships after 1993 and, in 2010, para 9.2 mandates that, the sportspersons claiming out of turn promotion have to acquire sports norms for recruitment to Group 'C', and, at least, the third position in the Championships. The alternative condition of medal winning performance in Senior/Youth/Junior National Championship/USIC (World Railways) is also a requisite criterion to deserve out of turn promotion.
In this backdrop, we would refer to the applicant's representation SD? (at Annexure A-9 to the O.A.). Such representation which was filed in ee 2010 refers to his Madhyamik qualification in 2005, and, that, he had participated in the U-21 NFC for Railways in 1994 (Semi-Finalist), U-21 NFC for 1992 (Runner-up) and Senior NFC for Railways (Quarter- Finalist). As his date of birth, as admitted by him, is 12.01.1972, his participation in U-21 NFC for 1994 is in question. While he was recommended for his participation in 1992 (Runner-up) in U-21 NFC, he did not possess the requisite Madhyamik qualification, and, his © participation in 1993 is of no avail as his team only reached the quarter- final and did not meet the requisite criteria of performance as called for by various circulars.
7. The respondents, vide their speaking order dated 02.09.2014 (at Annexure A-13 to the O.A.) have rejected his claim mainly on two grounds -- that, the Railway Board's directives dated 31.12.2010 refers to out of turn promotion for the last recognized sports achievement which should be within the current or immediate preceding two financial years. It is an admitted fact that after 1993 the applicant had not participated in FCs. The applicant did not possess the requisite educational oA, _--
8 O.A. No. 350/1642/2015 -qualification of Madhyamik at the material point of time and, no relaxations had been obtained from the Railway Board for this purpose. The respondents have hence regretted their inability to consider the applicant for out of turn promotion with effect from 1996 or 1997 as per his claim in Annexure A-9 to the O.A.
8. The applicant has also not been able to bring before us any document to establish that at the material point of time, his qualifications met the performance/ academic criteria as laid down by the Railway Board's various directives of 1975, 1976, 1990, 1991, 2007 or 2010.
9. In Roop Chand Makha vs. Delhi Development Authority [AIR (1989) SC 307], the Hon'ble Apex Court has cautioned that what qualifications are to be prescribed for posts for promotion are essentially matters of policy and, unless the provision is shown to be arbitrary, capricious or to bring about grossly unfair results, judicial policy should be one of judicial restraint. .
Further, in R. Prabha Devi vs. Government of India [AIR (1988) SC 902j, it was held that to be eligible for promotion, a person must be eligible having regard to the qualification prescribed for the post. The ruling that followed in Chandigarh Administration vs. K. K. Jerath [(1994) Supp 3 SCC 582] stated that it is the duty of the authority concerned to consider whether the aspirant fulfills the requisite qualifications.
The applicant's claim is not supported by the requisite eligibility, and, therefore, we do not consider this to be a fit case where the Railway Board can be directed to relax their conditions for an applicant who had ao aT 9 0.A. No. 350/1642/2015 o V ceased to participate in the National Championships for the Railways after 1993.
10. Hence, the claim fails. This O.A. stands disposed of as devoid of merit.
M.A. bearing no. 350/00056/2017 praying for deletion of the name of respondent no. | is disposed of accordingly. No costs.
(Dr. Nandita Chatterjee) (Bidisha Banerjee) Administrative Member Judicial Member Us