Central Administrative Tribunal - Patna
Amarjeet Kumar Singh vs Scientific And Industrial Research on 18 October, 2024
1 O.A. No. 051/00275/2021
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH,
RANCHI
O.A. No. 051/00275/2021
Reserved on: 14th October, 2024.
Pronouncement on: October, 2024
CORAM
HON'BLE MR KUMAR RAJESH CHANDRA, MEMBER [A]
HON'BLE MR RAJVEER SINGH VERMA, MEMBER [J]
Amarjeet Kumar Singh, aged about 42 years, son of Shri Vishnudeo
Singh, residing at Quarters No. Type-IV/I, CIMFER, Digwadih, P.O.-
FRI, P.S.-Jorapokhar, District- Dhanbad.
.......Applicant.
-VERSUS-
Patna
Bench 1. Council of Scientific & Industrial Research (CSIR), Ministry of Science
and Technology, Government of India, through its Director General,
having office at Anusandhan Bhawan, 2 Rafi Ahmed Kidwai Marg, New
Delhi-110001.
2. Central Institute of Mining and Fuel Research (CIMFR), through its
Director, having office at Barwa Road, Dhanbad, P.O. & P.S.- Dhanbad,
Distate- Dhanbad, PIN-826001.
3. The Director, Central Institute of Mining and Fuel Research (CIMFR)
having office at Barwa Road, Dhanbad, P.O. & P.S. Dhanbad, District-
Dhanbad, PIN-826001.
4. Administrative Officer, Central Institute of Mining and Fuel Research
(CIMFR), having office at Barwa Road, Dhanbad, P.O. & P.S. Dhanbad,
District- Dhanbad, PIN-826001.
5. Union of India, through Secretary, Ministry of Defence (Navy) Directorate
of ESM Affairs, 6th Floor, Chanakya Bhawan Chanakya Puri, New Delhi
110021.
........Respondents.
For Applicant:- Shri Manoj Tandon, Advocate
For Respondents:- Shri Abhay Prakash, Additional Standing
Counsel & Shri P.K. Pandey
O R D E R (O R A L)
As Per:- Rajveer Singh Verma, Member[Judicial]
1. The present OA has been filed by the applicant to challenge office memorandum no. 3(1355) of 2018-Estt./35 dated 18th May, 2021 issued by CSIR-CIMFR Dhanbad by which the services of the applicant was 2 O.A. No. 051/00275/2021 terminated with immediate effect and the applicant prays for following reliefs:-
"(a) To quash and set aside the Office Memorandum No. 3(1355)2018-Stha.35 dated 18.05.2021 (Annexure-14) issued by respondent no.3, whereby and whereunder, the services of the applicant has been terminated.
(b) To further hold and declare that the applicant duly possessed the essential qualifications, as stipulated in the advertisement and hence, the question of termination of the applicant on such ground as mentioned in the impugned order does not arise at all.
(c) Grant any other relief(s) which may be deemed fit in the facts and circumstances of the case."
BRIEF CASE
2. It is the case of applicant that he was initially appointed on 31 st January, 1999 on the post of Petty Officer in the Indian Navy and was Patna promoted to the post of Chief Petty Officer w.e.f. 07.11.2001. According Bench to him, Chief Petty Officer is equivalent to Jr. Commissioned Officer in Indian Navy. He has also filed a certificate in support of his contention (Annexure-A/3). The applicant retired on 31.03.2016 and PPO was issued on 17.03.2016 to the effect that the GP of the applicant at the relevant point of time was Rs. 4600/- (Annexure-A/2). After his retirement he was appointed to the post of Office Assistant (Multi Purposes) in Madhyanchal Gramin Bank on 20.05.2016 and his service was confirmed on 02.08.2017.
3. In pursuance to an advertisement No. CSIMFR-04/2017 issued by CSIR-CIMFR, Barwa Road Dhanbad ) (hereinafter referred as the "Institute") (Annexure-A/5) for the post Security Officer, applicant applied for the said post and after adopting due process, he was selected for the post of Security Officer and formal appointment letter was issued on 19.03.2018 by the institute (Annexure-A/9). It is mentioned in para 4.10 of the OA that the formal appointment letter was issued on 19.03.2018 itself to the applicant. Clause 4(iv) of the appointment letter reads as under:-
"(iv) If at any later stage, verification of Essential Qualification Certificate as per our Advertisement and any other certificate submitted by you reveals that the claim with regard to your candidature is false, the appointment will be terminated forthwith 3 O.A. No. 051/00275/2021 without assigning any further reason and without prejudice to such further action as may be taken under the provisions of the Indian Penal Code for production of false certificate / claim."
4. An OM dated 09.04.2021 (Annexure-A/12) was issued under signature of Administrative Officer of the Institute wherein it is mentioned that competent authority, CSIR vide its letter dated 25.03.2021 has recommended for termination of appointment of the applicant in the light of instructions/ guidelines contained in DoPT letter no. 11012/7/91- Estt. A dated 19.05.1993 on the following grounds:-
"The Integrated Headquarters Ministry of Defence (Navy) Directorate of ESM Affairs vide letter no. DX/VSF/34/19, dated 03/02/2021 (copy enclosed) on the issue of eligibility of Shri Singh for the post of Security Officer has clarified as under :-
Patna Bench i) It is regretted that the information provided in my letter ibid is incorrect and only true to the extent of the sailor's financial upgradation under MACP scheme and not to actual promotion or equivalence in the rank.
ii) It is confirmed that Shri Amarjeet Kumar Singh, Ex-Chief EAP is equivalent to a JCO hut not to subedar or higher rank or its equivalent rank in other pararfilitary forces.
CSIR, on the basis of above clarification, vide its letter no. 17- 01(07)/04/2018/HR- III/CHS, dated: 25.03.2021 made observations on qualification of Shri Amarjeet Kumar Singh which inter alia provides as under:-
1. The Last Pay Certificate submitted by Shri Amarjeet Kumar Singh at the time of his recruitment was not genuine. The Revised.
Last Pay Certificate was subsequently submitted by Shri Amarjeet Kumar Singh and forwarded by CIMFR vide letter dated 19/02/2021. Shri Amarjeet Kumar Singh ought to have submitted the correct certificate at the time of applying for the post of Security Officer at CIMFR, Dhanbad even if it was a system errof.
2. Shri Amarjeet Kumar Singh, Ex-Chief EAP does not hold the rank of Subedar or higher rank or equivalent rank as advertised by CSIR-CIMFR, Dhanbad vide Advt. No. CIMFR-04/2017. Thus he 4 O.A. No. 051/00275/2021 did not fulfill the essential qualification as per the ibid Advertisement and was not eligible to be considered for appointment to the post of Security Officer."
5. Further the applicant was asked to submit his explanation within 10 days of receipt of OM dated 09.04.2021. Applicant submitted his detailed representation on 15.04.2021 addressed to Director of the Institute, wherein he stated that he has worked for three years whereas the probation period was only for one year and his service cannot be terminated without following the full dressed proceedings. It is the case of the applicant that the essential qualification required was JCO (Subedar or higher rank) or equivalent and he has worked as Ex-Chief EAP which is equivalent to JCO. In the counter of the claim, it is stated in the written statement filed on behalf of respondent no. 1-4 that CSIR received a Patna Bench complaint dated 14.04.2018 stating that the selected candidate does not hold the rank of Subedar or higher rank of equivalent in Navy which is the required qualification. The Institute sought a clarification whether candidate selected for the post of Security Officer, the applicant had the rank of Subedar or above, ESM Affairs vide letter no. DX/VSF/34/19 dated 09.09.19 provided a clarification "it is confirmed that the rank of CHEAP (MACP-MCPO II)". A committee was instituted by CSIR to look into the matter and the applicant was directed to submit duly certified and signed LPC from his parent organization. A clarification was also sought from Indian Navy vide letter 01.02.2021 on whether applicant held the rank of Subedar or higher in Indian Navy at the time of his discharge and is eligible for the post of Security Officer in CSIR-CIMFR, Dhanbad.
6. After due enquiry, the committee noted that the LPC submitted by the applicant at the time of his recruitment was not genuine and he does not hold a rank of Subedar or higher rank or its equivalent rank at the time of recruitment and thus does not fulfill the essential qualification as per the ibid advertisement. The report of the Committee was placed before the DG, CSIR who approved that the said appointment is in contravention of rules and it should be terminated. Finally after receiving the explanation from the applicant, he was terminated from the post of Security Officer vide OM dated 18.05.2021.
5 O.A. No. 051/00275/20217. We have heard arguments of the Ld. counsels for applicant and respondents. The Ld. counsel for applicant has relied upon the judgment of Hon'ble Supreme Court in the case of Vikas Pratap Singh and Ors. Vs. State of Chattisgarh and Ors. (2013) 14 SCC 494 and Anmol Kumar Tiwary and Ors. Vs State of Jharkhand and Ors. (2021) 5 SCC 424. After careful consideration of the said judgments we feel that the ratio laid down by the Hon'ble Apex Court may render no help to the applicant as the facts of the cases cited above are entirely different to the facts inter alia involved in the present matter.
8. The post of Security Officer under unreserved category was advertised vide advertisement no. CIMFR-04/2017 with the following essential qualification and desirable qualifications.
Post code Name of the Post Essential Desirable No of
Patna Qualifications Posts
Bench Pay Scale: Revised Pay Matrix Level 7 plus allowances as per Central Govt. rules made, applicable to CSIR Employee (pre-revised (89300-34800;PB-2, Grade Pay 4600/-) Age Limit: Not more than 35 years as on 16 of January, 2018.
SECOF Security Officer Ex-Servicemen Short Graduation with 01 (One)
Service good verbal &
UR
Commissioned Officer written
or Assistant communication skill
Commandant from with knowledge of
CRPF/BSF/ITBP, etc. computers and
in the scale of 28000- modern fire fighting,
213,500 (Pre-revised) security monitoring
with 05 years systems etc.
experience OR
JCO (Subedar or
higher rank) or
equivalent rank in
other para- military
forces with minimum
of 10 years experience
in Security.
9. One clarification sought by CSIR from ESM Affairs, Indian Navy. The ESM Affairs, Indian Navy vide letter no. DX/VSF/34/19 dated 03.02.2021 referring to their previous letter no. DX/VSF/34/19 dated 09.09.2019 has provided the following clarification:-
a. "It is regretted that the information provided in my letter ibid is incorrect and only true to the extent of the sailor's financial upgradation under MACP scheme and not to actual promotion or equivalence in rank.6 O.A. No. 051/00275/2021
b. It is confirmed that Shri Amarjeet Kumar Singh, Ex-Chief EAP is equivalent to a JCO but not to Subedar or higher rank or its equivalent rank in other paramilitary forces."
10. There is also discrepancy in the statement of the applicant as he stated that he was drawing pay under grade pay 4600/- in accordance with the MACP. It is an admitted fact that MACP is not ipso facto acquired the post equivalent to the grade pay. The person may hold the junior post and may get higher grade pay as MACP is granted for financial upgradation due to the stagnation in the promotion.
11. In view of above analysis the balance of convenience is not in the favour of the applicant. The contentions of the applicant are not agreeable and deserve to be rejected. Admittedly he was not holding the post equivalent to Subedar or higher rank though he was serving in the Indian Patna Bench Navy JCO but inferior to the rank of Subedar. In view of condition stipulated in para 4 (iv) of the appointment letter dated 19.03.2018 read with DoPT letter no. 11012/7/91-Estt. A dated 19.05.1993, we found no apparent error in the impugned order dated 18.05.2021 so issued by the CSIR-CIMFR, Dhanbad.
12. In the result, the OA is dismissed as being devoid of merit.
13. There shall be no order as to cost.
(Rajveer Singh Verma) (Kumar Rajesh Chandra)
Member (J) Member (A)
du/-