Central Administrative Tribunal - Chandigarh
Bishamber Singh vs M/O Defence on 2 May, 2019
Author: P. Gopinath
Bench: P. Gopinath
1
(OA No. 060/00974/2017)
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
...
Order reserved on: 03.04.2019
ORIGINAL APPLICATION N0. 060/00974/2017
Chandigarh, this the 2nd day of May, 2019
...
CORAM: HON'BLE MR. SANJEEV KAUSHIK, MEMBER (J) &
HON'BLE MRS. P. GOPINATH, MEMBER (A)
...
1. 507654 Bishamber Singh, Chow, GE (Basoli) Pathankot.
2. 509540, Kulwant Raj Mate Elect, GE ( Basoli), Pathankot.
3. 520004 Onkar Pal Singh, Mate Elect, GE (Basoli) Pathankot.
4. 229514 Bachitter Singh, Mate Elect GE (West) Pathankot.
5. 509612 Kishori Lal, Mate Elect GE (West) Pathankot.
6. 509867 Mohan Lal, Mate V/Man GE (West) Pathankot.
7. 509052 Kewal Singh Mate FGM GE (West) Pathankot
8. 509538 Yogesh Kumar Mate FGM GE (West) Pathankot
9.510524 Mandeep Singh Mate FGM GE (West) Pathankot
10. 507655 Subash Kumar Mate Elect GE(W) Pathankot.
11. 509499 Anil Kumar Mate Elect GE (W) Pathankot.
12. 509488 Shavi Lal, Mate P/Fitter GE (S) Pathankot.
13. 181580, Baldev Singh, Mate FGM GE(S), Pathankot.
14. 509545 Bhol Kumar, Mate Painter GE (S) Pathankot.
15. 509616 Balwinder Singh, Mate Mason GE (S) Pathankot.
16. 6827458 Vinod Kumar Saini, Mate FGM, GE (AF)
Pathankot
17. 509494, Sunil Kumar, Mate FGM GE AF, Pathankot
18. 510125 Hem Raj, Mate FGM GE AF Pathankot.
19. 509495 Manjit Singh, Mate Veh. Mec. GE AF Pathankot.
20. 509292, Amar Singh, Mate FGM GE 574 EP Pathankot.
21. 509537 Jatinder Kumar, Mate FGM GE 574 EP
Pathankot.
22. 509595 Tilak Raj, Mate FGM GE 574 EP Pathankot.
23. 509608 Pawan Kumar, Mate Mason GE 574 EP
Pathankot.
24. 14395718 Sukhdev Singh Mate Mason GE 574 EP
Pathankot
25. 509505 Nirmal Kumar Mate FGM GE (W) Pathankot
26. 506860 Des Raj, Mate V/Man GE (West) Pathankot.
All working as Gr. „C‟ under the supervision and control of
Commander Works Engineers, Pathankot C/o 56 APO.
....APPLICANTs
( By Advocate: None )
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(OA No. 060/00974/2017)
VERSUS
1. Union of India through Secretary, Government of India,
Ministry of Defence, New Delhi.
2. The Director General (Pers), Engineer-in-Chief s Branch,
IHQ of MOD (Army), Kashmir House, RajajiMarg, New Delhi-
100011.
3. The Chief Engineer, HQ, Western Command, Chandimandir,
Pin-134107. C/o 56 APO.
4. The Chief Engineer (MES) Pathankot Zone, Pathankot, Pin-
145001.
5. Commander Works Engineers, Pathankot C/o 56 APO.
....RESPONDENTS
(By Advocate: Shri Arvind Moudgil)
ORDER
P. GOPINATH, MEMBER (A) Applicants, who are working on the post of Chowkidar and Safaiwalas and their services governed by Military Engineer Service (Industrial Group „D‟ posts) Recruitment Rules, 1990. The next promotional post is that of Mate (Semi Skilled) subject to the condition of 4 years of regular service and passing of the trade test on various dates from 2001 to 2012 for the post of Mate in which the applicants appeared and were shown as passed. Applicants approached this Tribunal by filing Original Application (O.A.) No. 150/PB/2013 for grant of the benefits of promotion at par with their junior who were similarly situated. That O.A. was disposed of vide order dated 10.3.2014 with a direction to respondents to consider the claim of the applicants for promotion. Case of the applicants was considered and they were granted promotion to the post of Mate vide letter dated 24.7.2014 for the vacancies 3 (OA No. 060/00974/2017) for the years 2010-11, 2011-12, 2012-13 and 2013-14. Some similarly situated persons working in different units have been granted seniority w.e.f. 9.9.2008 or 10.8.2010. Prayer of the applicants in the present O.A. is for grant of seniority to the post of Mate w.e.f. 9.9.2008 or from the date of passing the trade test whichever is later.
2. The respondents in the written statement submit that vide the Ministry of Defence letter no.
PCB/77030/VICPC/CSCC/400/1/D (Works-II) dated 8.2.2011 the category of Mazdoor (skilled) and Mate (semi skilled) were merged as Mate (semi skilled) in the pay band of Rs. 5200- 20200 with grade pay of Rs. 1800/- w.e.f. 9.9.2008. The said document also states that unskilled worker will be placed junior to semi skilled workers in service as on 9.9.2008 in the order of seniority. This was on account of the fact that semi skilled are better qualified than unskilled workers. Between the period from 10.9.2008 to 8.2.2011 certain Chowkidar/Safaiwalas junior to certain Mazdoors in unskilled category got promoted to Mate (SSK) by passing the trade test and having four years of service as required under the Recruitment Rules. Such persons became senior to those Mazdoors who had been re-designated as Mates (SSK). Aggrieved thereby they had filed O.A. NO. 150/PB/2013 titled Kulwant Raj & Ors. vs Union of India. The operative para of said decision reads as follows:
"6. We have carefully considered the matter. It is evident from the content of letter dated 17.01.2014(Annexure A-4) 4 (OA No. 060/00974/2017) that the main grievance of the applicants has been addressed and those of them who had passed the trade test prior to 07.07.2013 would be considered for promotion as Mates. However, the fact that some of their juniors have allegedly been promoted earlier to the applicants has not been controverted by the respondents and this aspect also needs to be addressed by the respondents while considering the promotions of the applicants as Mates in accordance with the SRO No.169 of 2004. The respondents are therefore directed to consider the claim of the applicants for promotion within a period of 30 days from the date of receipt of certified copy of this order being served upon them. No costs."
3. We have heard the learned counsel for the parties and carefully gone through the record.
4. The applicants have filed a rejoinder admitting therein that they had filed O.A. No. 150/PB/2013 and are, therefore, covered by the judgment therein. We find that 21 of the applicants in this O.A. were applicants in O.A. No. 150/PB/2013 -Kulwant Raj & Ors. vs. Union of India & Ors. In O.A. No. 1201/JK/2012 filed by Rakesh Singh & Ors. Vs. Union of India, the applicants were given the relief as follows:-
" Hence the present O.A. is disposed of with the direction that the respondents may consider the claim of those applicants who had passed the Trade test prior to 07.07.2013 for promotion as Mates. If some of their juniors have been promoted earlier to the applicants, this aspect may also be addressed while considering the promotion of the applicants as Mates in accordance with SRO No. 169 of 2004. Such consideration may be effected within a period of 60 days from the date of receipt of a certified copy of this order being served upon the respondents. No costs."
The above judgment being a more beneficial judgment applicants argue may be applied to them. However, having got a judgment in O.A. NO. 150/PB/2013, applicants cannot now 5 (OA No. 060/00974/2017) seek the benefit of a subsequent judgment passed in O.A. No. 1201/JK/2012 Rakesh Singh (supra), which is more favourable and beneficial.
5. The O.A. is hit by principle of resjudicata and therefore, dismissed. No costs.
(P.GOPINATH) (SANJEEV KAUSHIK)
MEMBER (A) MEMBER (J)
Dated: 02.05.2019
`SK‟
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(OA No. 060/00974/2017)