Central Administrative Tribunal - Delhi
Sanjay Pandey vs Union Of India Through on 20 December, 2010
Central Administrative Tribunal Principal Bench O.A. No. 4213/2010 New Delhi, this the 20th day of December, 2010 Honble Mrs. Meera Chhibber, Member (J) Honble Dr. A.K. Mishra, Member (A) Sanjay Pandey, S/o Shri K.P. Pandey, RZ/G-645, Raj Nagar, Part-II, Palam, New Delhi. Applicant By Advocate: Shri S.B. Sharma. Versus 1. Union of India through Secretary, Ministry of Micro Small & Medium Enterprises, 7th Floor, Nirman Bhawan, New Delhi. 2. Chairman, O/o Development Commissioner, Ministry of Micro Small & Medium Enterprises, 7th Floor, Nirman Bhawan, New Delhi. 3. Principal Director, F.F.D.C. (Autonomous Body), G.T. Road, Ind. Estate, Makrandnagar, Distt. Kannauj- 209726. Respondents O R D E R By Honble Mrs. Meera Chhibber, Member (J) :
Applicant has sought a direction to the respondent to promote him to the post of Asstt. Director (Chemical).
2. It is stated by the Applicant that he joined Fragrance and Flavour Development Centre (hereinafter referred to as FFDC), Kannauj, Government of India, an Autonomous Body, Ministry of Micro Small & Medium Enterprises, New Delhi on 2nd August 1997 as Scientific Assistant (Chemical). Since 2001, the applicant was posted at Cluster Centres and since 2004 he was posted at TSC for Mint & Essential Oils, Patna. The applicant has not been given promotion since joining in the Department till today. However, other Senior/Junior Officers have been given Time Bound Promotion. The applicant has not been given Time Bound Promotion since last more than 12 years. The applicant is a qualified senior most officer who has not been given promotion even on a single occasion in last more than 12 years of service while other senior/junior Officers of FFDC have been promoted within 3 years. The applicant is entitled for promotion under Time Bound Promotion/ACP Scheme and as per recommendations of 5th/6th Pay Commission Report. Applicant has Diploma in Elect. Engg. and Masters in Chemistry having specialization in (organic chemistry) and Post Graduate in Marketing Management and FDA. It is pertinent to mention that the applicant was discharging the duty and responsibility of a Dy. Director (Chemical Incharge since 2005)/ Cluster Development Executive Incharge. There were 3 posts of Asstt. Director Grade in Chemical Division of (F & F, inst. Chemical & Quality Control) FFDC, Kannauj which are lying vacant from a longer period. As per the Rules of FFDC, the applicant has acquired all essential qualifications and is liable to be promoted to the post of Asst. Director. The applicant is drawing salary equivalent to the post of Asstt. Director. As per Rules and Officer is entitled for promotion to the post of Extension Officer after completion of 3 years as per old & new Rules for Recruitments, thereafter from Extension Officer to Asst. Director on completion of 8 years of service. The applicant has completed more than 12 years of service and is eligible to be promoted to the post of Asst. Director (Chemical).
3. He has also stated that as many as 5 junior/senior officers have been given promotion or deputation allowances from Micro Small Medium Enterprises Ministry and Fragrance & Flavour Development Centre of Mission Millennium UPTECH of Five Cluster Centres as per Rules of Mission Millennium Five Clusters of UPTECH of this Ministry when transferred to various Cluster Centres.
Ravi Mohd. from Fragrance & Flavour Development Centre - posted to Thato Badau.
Mr. Sattram Singh, Fragrance & Flavour Development Centre - posted to Dholpur.
Mr. Rama Rao, Fragrance & Flavour Development Centre - posted to Behrampur.
Mr. A.S. Khan, Micro Small Medium Enterprises (before Name of Ministry is S.S.I. Small Scale Industries) - posted to Behrampur.
Mr. Mallik Akrumuddin, Micro Small Medium Enterprises (before Name of Ministry is S.S.I. Small Scale Industries) - Promotion / Deputation provided to all persons posted except the applicant.
4. Applicant has come to know that there are 3 vacant posts of Asst. Director (Chemical) in FFFDC, Kannauj, Govt. of India, an Autonomous Body, Ministry of Micro Small Medium Enterprises, New Delhi for which the applicant is senior most person who is eligible and qualified for any of the three vacant posts available mentioned above. The applicant is entitled for promotion under ACP scheme of Govt. of India Rules / Autonomous bodies and sent a representation on 3.3.2009 sent to the Chairman, Office of the Development Commissioner, MSME, Nirman Bhavan, New Delhi.
5. Being aggrieved, he had given representation to the Principal Director on 17.02.2009 followed by reminder dated 03.03.2009 to the Chairman but no reply was given to him. He finally sought information under Right to Information Act as to why he is not being promoted as Asst. Director (Chemical).
6. In response to applicants queries, he was informed there are 3 posts of Asstt. Director (Chemical) (QC, Process Tech., Instrument and F & F ) - 1 No. each.
7. Moreover, as per Sixth Central Pay Commission and Central Government Rules and under ACP Scheme, an officer is entitled to be promoted after completion of 10 years of service. The applicant has already sent representations dated 29.05.2009 and 03.03.2009 to the Respondents but so far no action has been taken on the representations of the applicant for promotion from the post of Scientific Assistant (Chem.) to the suitable one of three following vacant posts of Assistant Director in Chemical Division of Fragrance & Flavour Development Centre, Kannauj, i.e., Fragrance & Flavour & its Application Chemical Instrumentation Chemicals Quality Control Chemical keeping in view of career advancement and step up process of Government of India Rules/Autonomous Bodies, the applicant is entitled for promotion under time bound promotion/ACP Scheme as per Recommendations of Sixth Pay Commission.
8. Applicant had filed O.A. No. 410/2010 which was disposed of on 05.02.2010 by directing the respondent to consider his representation and decide the same in accordance with the rules and communicate the same to the applicant through a speaking and reasoned order within a period of 6 weeks from the date of receipt of a certified copy of the order.
9. Respondents passed order dated 22.03.2010 (page 28) making it clear that applicant is not the senior most Scientific Assistant. He is at Sl.No.2 and Shri Rama Rao is the senior most. They have further stated though applicant is eligible for promotion to the post of Extn. Officer (Chemical) as he has completed 3 years of regular service but he cannot be promoted as there is no vacancy in the post of Extn. Officer (Chemical). His candidature would be considered when vacancy of Extn. Officer becomes available as per rules. They have also explained that no officer junior to him in his discipline has been promoted to the post of Extn. Officer (Chemical). As far as post of Assistant Director is concerned, the posts are vacant but applicant is not eligible for it. DPC would be held shortly. Only Extn. Officer with 8 years service is eligible for promotion to the post of Assistant Director. Applicant is still Scientific Assistant. He cannot be granted double jump.
10. They have further stated that the officer having completed 10 years of service and not promoted is entitled for Assured Career Progress Scheme (ACPS)/MACP as per sixth pay commission recommendations and all the eligible staff including Shri Sanjay Pandey will be considered as per rule.
11. Applicant has filed the present O.A. on the grounds mentioned above.
12. We have heard counsel for the applicant, who strenuously argued that since the post of Assistant Director is admittedly vacant and applicant has already completed 11 years of service is entitled to be considered for promotion to the post of Assistant Director. The contention is absolutely misconceived. Applicant has himself annexed the Recruitment Rules of Assistant Director (page 70). Perusal of same shows method of recruitment is promotion failing which direct recruitment on contract basis for a period of 5 years initially with further extension based on performance of the individual. The eligible officers for promotion are Extn. Officer in F.F.D.C. with a period of not less than 8 years of service in the grade with essential qualifications. In the instant case, applicant is admittedly not yet been promoted as Extn. Officer, therefore, he cannot be considered for the post of Assistant Director even if the said post is lying vacant. Respondents have explained in the speaking order that the applicant can be considered for the post of Extn. Officer (Chemical) but that would be subject to availability of post. At present no post of Extn. Officer is lying vacant. As and when the post falls vacant, applicant would also be considered as per his seniority in accordance with rules. Respondents have also clarified that they would be convening DPC for filling up the post of Assistant Director shortly. Since the post of Assistant Director is to be filled from the post of Extn. Officer, naturally it would result in vacancy in the post of Extn. Officer and we are sure applicant would be considered on availability of the vacancy for Extn. Officer (Chemical).
13. The only point argued by the counsel for the applicant with regard to his prayer for promotion to the post of Assistant Director. This relief cannot be granted in view of the facts as explained above. As far as benefit of financial upgradation is concerned, respondents have already explained in the speaking order that applicant along with other eligible staff would be considered for ACP Scheme surely. In view of above, no further directions need be given on this count also. Though in the petition applicant has referred to number of grievances, but no other arguments was advanced by the counsel for the applicant, therefore, we need not go into those issues.
14. In view of above, we find no merit in the O.A. The same is accordingly dismissed. No order as to costs.
(DR. A.K. MISHRA) (MRS. MEERA CHHIBBER)
Member (A) Member (J)
Rakesh