Central Administrative Tribunal - Mumbai
Ashok Kumar vs D/O Atomic Energy on 9 June, 2025
1 OA No.137/2017
CENTRAL ADMINISTRATIVE TRIBUNAL
MUMBAI BENCH, MUMBAI.
ORIGINAL APPLICATION No.137/2017
Dated this Monday the 09th of June, 2025.
CORAM: HON'BLE MR. SHRI KRISHNA, MEMBER (A)
HON'BLE SHRI UMESH GAJANKUSH, MEMBER (J)
Shri Ashok Kumar,
S/o Late Sh. Sarnam Singh, Age :
About 57 years (D.O.B.-01.08.1959),
Working as Additional Chief
Engineer, at Nuclear Power
Corporation of India Limited,
Anushkatinagar, Mumbai 400 094-
And residing at : 10A Malaygiri,
Anushaktinagar, Mumbai.
Pin Code - 400 094
State :- Maharashtra. ... Applicant
(By Advocate Ms. Vaishali Agane )
VERSUS
1. The Union of India,
Through : The Chairman &
Managing Director, Nuclear
Power Corporation of India
Limited ( A Government of
India Enterprise), 3rd Floor,
Nabhikiya Urja Bhawan,
Anushaktinagar, Mumbai -400 094.
2. Chairman, Atomic Energy
Commission, Old Yatch Club,
Colaba, Mumbai - 400 039. ... Respondents
(By Advocate Ms. Vidhi Bhasin)
Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65=
0815a10efc18484c96f92d4cf96b158b, Phone=
Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338
f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra,
SERIALNUMBER=
6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd
Alphanso 757c8b8babf6f4, CN=Milan Jackson Alphanso
Reason: I am the author of this document
Location:
Date: 2025.06.12 11:33:31+05'30'
Foxit PDF Reader Version: 2024.4.0
2 OA No.137/2017
ORDER
Per: Shri Umesh Gajankush, Member (J)
The present OA has been filed by the applicant seeking following reliefs:
"(a) This Hon'ble Tribunal may be graciously pleased to call for the records of the case from the respondents and after examining the same it may be declared that the applicant is entitled for the promotion and the same may please be granted with effect from 2009 with consequential benefits.
(b) The Hon'ble Tribunal may be pleased to grant such other relief as this Hon'ble Tribunal feels it necessary to grant the same with costs."
2. Brief facts of the case are that the applicant was appointed on the post of Electrical Engineer in the Nuclear Power Corporation of India Limited (A Government of India Enterprise) on 01.08.1981, the then Power Projects Engineering Division (PPED) under Department of Atomic Energy after completion of one year of training from August, 1980 to July, 1981(24th Batch) in Nuclear Engineering from BARC Training School, Mumbai. It is stated that he was basically appointed in the pay scale of Rs.750-50-1000/-. It is further submitted that his service record has been very Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= 0815a10efc18484c96f92d4cf96b158b, Phone= Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338 f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd Alphanso 757c8b8babf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
Date: 2025.06.12 11:33:31+05'30' Foxit PDF Reader Version: 2024.4.0 3 OA No.137/2017 satisfactory and the same was acknowledged by the Department by issuing proper and excellent remarks/grades in his record of work report from time to time. Further, the applicant has intimated to the concerned authority by writing a letter dated 30.08.2013 regarding the representation against the grades for the year 2005-2006 and 2006-2007 respectively. It is stated that these two grades (B+ and A3) have been affecting his career. As a result, the applicant has not been promoted to the next grade i.e. SO/H and SO/H+. It is further submitted that these two grades of ACR have not been communicated to him which is a violation of principles of natural justice.
2.1 It is further submitted that he was allotted job of earthing and lighting of TAPS-3 & 4, RAPS-3&4, KAIGA-1 & 2 and KAIGA-3 & 4 from 1992 onwards after he joined Electrical Design Section. He has further submitted that after getting transferred from NAPS, Narora in 1992, the major portion of earthing and lighting jobs was over by the year 2005 itself and there was almost nothing Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= 0815a10efc18484c96f92d4cf96b158b, Phone= Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338 f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd Alphanso 757c8b8babf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
Date: 2025.06.12 11:33:31+05'30' Foxit PDF Reader Version: 2024.4.0 4 OA No.137/2017 left to show interest and he has completed all remaining jobs sincerely without affecting the progress at particular sites but the applicant was against asked to take up earthing and lighting jobs of KAPP-3 & 4 and RAPP-7 & 8. Moreover, he had done these job works for almost 15 years. Hence, the applicant has requested to CE(ED) to allot him some other jobs but the authority had refused to change his job. It is also stated that he has written a book named 'Sigma Series-Control Systems'. The said book was for academic interest and there was no harm or affect in the interest of the Nuclear Power Corporation.
2.2 It is stated that the hierarchy of the particular grades should be granted as per the confidential report which the applicant obtained from the Public Information Officer under the Right to Information Act, 2005 are as follows-
Years Recommended Grade Accepted Grade 2005 A2 A2 2006 A3 B+ 2007 A3 A3 2008 A1 A2 2009 A1 A2 2010 A1 A2 2011 A1 A2 Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= 0815a10efc18484c96f92d4cf96b158b, Phone= Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338 f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd Alphanso 757c8b8babf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
Date: 2025.06.12 11:33:31+05'30' Foxit PDF Reader Version: 2024.4.0 5 OA No.137/2017 2012 A1 A2 2013 A1 A2 2014 A1 A2 2.3 It is submitted that he has severally requested to appoint on next grade as per the rules and regulations of the Nuclear Power Corporation but concerned authority did not promote and refused to do the same without any fault of the applicant.
Therefore, representation was submitted on 30.08.2013 to the respondents. However, no steps was taken and, therefore, OA No.252/2016 was filed before the Central Administrative Tribunal, Mumbai Bench which was disposed of vide order dated 30.06.2016 directing the respondents to consider the representation of the applicant dated 30.08.2013 and also points raised in legal notice dated 11.08.2015 by passing a detailed and reasoned order within a period of twelve weeks from the date of receipt of a certified copy of the order. 2.4 In pursuance of the aforesaid communication dated 18.07.2016 (Annexure A-1) was issued informing that the applicant is not meeting the eligibility criteria and, therefore, his claim Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= 0815a10efc18484c96f92d4cf96b158b, Phone= Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338 f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd Alphanso 757c8b8babf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
Date: 2025.06.12 11:33:31+05'30' Foxit PDF Reader Version: 2024.4.0 6 OA No.137/2017 for promotion to the next higher post of SO/H cannot be considered by the respondent Corporation. Therefore, the present OA has been filed on the ground that the action of the respondents is malafide, arbitrary and violative of promotional rule and fundamental rights of equality before law by the respondents.
3. After notice, the official respondents have filed their reply and contested the OA. It has been submitted that this Tribunal has no jurisdiction to try and entertain this Original Application as far as respondent No.1 is concerned. It has further submitted that respondent No.1, Nuclear Power Corporation of India Limited (NPCIL) is a Central Government Public Sector undertaking, being a wholly owned Government Company under the administrative control of Department of Atomic Energy. Respondent No.1 has not been notified under Section 14(2) of the Administrative Tribunals Act, 1985. It is, therefore, submitted that the present OA may kindly be rejected as not maintainable. Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65= 0815a10efc18484c96f92d4cf96b158b, Phone= Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338 f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd Alphanso 757c8b8babf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
Date: 2025.06.12 11:33:31+05'30' Foxit PDF Reader Version: 2024.4.0 7 OA No.137/2017 3.1 It has further been submitted that in the present OA, the applicant has impleaded Union of India through CMD, NPCIL as the respondent no.1, which is legally not tenable. NPCIL in its capacity as a wholly owned Government Company is a separate legal entity with a right to sue or to be sued.
Similarly, impleading the Chairman, Atomic Energy Commission as respondent No.2 in the aforesaid OA has no connection whatsoever with the dispute raised by the applicant. The applicant is an employee of NPCIL and governed by the rules and regulations of the NPCIL and, therefore, impleading of 'Union of India' through the Chairman, Atomic Energy Commission in the aforesaid OA amounts of misjoinder of the party. In view of the above, it has been submitted that respondent No.2 may be deleted from the array of respondents. 3.2 It is further submitted that in the establishment of respondent Corporation, the promotions of Scientific & Technical Category of Employees are being done on Fast-Track basis under scheme formulated by TC&TSC Section, BARC, DAE and Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= 0815a10efc18484c96f92d4cf96b158b, Phone= Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338 f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd Alphanso 757c8b8babf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
Date: 2025.06.12 11:33:31+05'30' Foxit PDF Reader Version: 2024.4.0 8 OA No.137/2017 Government of India. This scheme is known as 'Merit Promotion Scheme', promotions under this scheme are being made irrespective of availability of the vacancies in the higher cadre.
3.3 It is further stated that in line with the comprehensive guidelines for Merit Promotion Scheme, an employee although meeting APAR grading alone may not be sufficient for considering a candidate for promotion to next higher grade, all criteria of assessment for screening viz special attributes towards guiding scientific and technical activities, leadership qualities, productivity inter-personal relationships etc., are also required to be assessed. The grades which are below bench mark or if there is any adverse remark in the ACR are only to be communicated as per the extant guidelines.
3.4 It is further stated that NPCIL came into existence as a Government Company w.e.f September 17, 1987 and, therefore, the contention of the applicant that his initial appointment made on 01.08.1981 as an Electrical Engineer in NPCIL is Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= 0815a10efc18484c96f92d4cf96b158b, Phone= Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338 f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd Alphanso 757c8b8babf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
Date: 2025.06.12 11:33:31+05'30' Foxit PDF Reader Version: 2024.4.0 9 OA No.137/2017 not correct. As a matter of fact, on a perusal of Annexure A-2 to the OA, it is clear that initial appointment of the applicant was made w.e.f.
August, 1981 as SO/C by Department of Atomic Energy (DAE) vide OM dated 31.07.1982 and not by NPCIL as stated by the applicant. The impugned communication was also justified in the reply by the official respondents. On that basis, it is prayed that the present OA may be dismissed.
4. Thereafter, rejoinder was also filed by the applicant by explaining the stand of the respondents in respect of jurisdiction. It is stated that it is not correct to say that this Tribunal has no jurisdiction to try and entertain the OA. The applicant stated that at the time, when Administrative Tribunals Act came into existence, during that period NPCIL didn't exist. Respondents also admitted in their para 7 that Central Government constituted Nuclear Power Corporation India Limited (NPCIL) as a government company fully owned by Central Government in the year of September, 1987. It is very much reason provided Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= 0815a10efc18484c96f92d4cf96b158b, Phone= Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338 f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd Alphanso 757c8b8babf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
Date: 2025.06.12 11:33:31+05'30' Foxit PDF Reader Version: 2024.4.0 10 OA No.137/2017 that why it should not be notified under Section 14 clause 5 Tribunals Act, 1985, mentioned in NPCIL is a branch of Atomic Energy which is under Central Government and second is NPCIL on the other hand NPCIL is Central dealt administrative service. This Court having jurisdiction for Central Administrative Services. The applicant further stated that predecessor of NPCIL was under the Department of Atomic Energy was very well under the jurisdiction of CAT Court.
5. Learned counsel for the parties have placed on record written submissions and on that basis, it was categorically stated on 28.01.2025 before this Tribunal that the OA should be decided on the basis of available pleadings on record.
6. We have gone through the pleadings available on record and the written submissions made by the parties.
7. Before entering into the merits of the case, the principal question which arises for the consideration is that whether this Tribunal has a jurisdiction under Section 14 of the Administrative Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= 0815a10efc18484c96f92d4cf96b158b, Phone= Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338 f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd Alphanso 757c8b8babf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
Date: 2025.06.12 11:33:31+05'30' Foxit PDF Reader Version: 2024.4.0 11 OA No.137/2017 Tribunals Act, 1985 in respect of the employee of Nuclear Power Corporation of India Limited and to appreciate the aforesaid contention, it is necessary to reproduce Section 14 of the Administrative Tribunals Act, 1985:
"14. Jurisdiction, powers and authority of the Central Administrative Tribunal. - (1) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all Courts except the Supreme Court [* * *] in relation to-
(a)recruitment, and matters concerning recruitment, to any All-India Service or to any civil service of the Union or a civil post under the Union or to a post connected with defence or in the defence services, being, in either case, a post filled by a civilian;
(b)all service matters concerning-
(i)a member of any All-India Service; or
(ii)a person [not being a member of an All-India Service or a person referred to in clause (c)] appointed to any civil service of the Union or any civil post under the Union; or
(iii)a civilian [not being a member of an All-India Service or a person referred to in clause (c)] appointed to any defence services or a post connected with defence, and pertaining to the service of such member, person or civilian, in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation [or society] owned or controlled by the Government;
(c)all service matters pertaining to service in connection with the affairs of the Union concerning a person appointed to any service or post referred to in sub-clause (ii) or sub-clause (iii) of clause (b), being a person whose services have been placed by a State Government or any local or other authority or any corporation [or society] or other body, at the disposal of the Central Government for such appointment.
[Explanation.-For the removal of doubts, it is hereby declared that references to "Union" in this sub-section shall be construed as including references also to a Union territory.] (2) The Central Government may, by notification, apply with effect from such date as may be specified in the notification the provisions of sub- section (3) to local or other authorities within the territory of India or under the control of the Government of India and to corporations [or societies] owned or controlled by Government, not being a local or other authority or corporation [or society] controlled or owned by a State Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= 0815a10efc18484c96f92d4cf96b158b, Phone= Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338 f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd Alphanso 757c8b8babf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
Date: 2025.06.12 11:33:31+05'30' Foxit PDF Reader Version: 2024.4.0 12 OA No.137/2017 Government:
Provided that if the Central Government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged by this Act, different dates may be so specified under this sub- section in respect of different classes of, or different categories under any class of, local or other authorities or corporations [or societies.] (3) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall also exercise, on and from the date with effect from which the provisions of this sub-section apply to any local or other authority or corporation [or society] , all the jurisdiction, powers and authority exercisable immediately before that date by all Courts (except the Supreme Court [* * *] in relation to-
(a) recruitment, and matters concerning recruitment, to any service or post in connection with the affairs of such local or other authority or corporation [or society] ; and
(b) all service matters concerning a person [other than a person referred to in clause (a) or clause (b) of sub-section (1)] appointed to any service or post in connection with the affairs of such local or other authority or corporation [or society] and pertaining to the service of such person in connection with such affairs."
8. Looking to Section 14 Sub Clause (2), it is clear that in respect of any Corporation/Society owned or controlled by the Central Government, there should be a Notification. We have taken note of the Notification Appendix VI issued under Rule 154(b) of the Rules. Looking to the Appendix VI (C) i.e. Other services covered by Central Civil Services Rules, C and AG, Public Sector, Autonomous Bodies, it is clear that Nuclear Power Corporation India Limited (NPCIL) does not find place in the said list. It is true that the respondent Corporation may be controlled by the Central Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= 0815a10efc18484c96f92d4cf96b158b, Phone= Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338 f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd Alphanso 757c8b8babf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
Date: 2025.06.12 11:33:31+05'30' Foxit PDF Reader Version: 2024.4.0 13 OA No.137/2017 Government. However, fact remains that unless and until, there is a specific Notification covering a said Institution/Corporation as per Section 14 of the Act, the OA is not maintainable before this Tribunal.
9. Thus, in view of the aforesaid discussion, once we hold that this Tribunal has no jurisdiction to entertain the present OA, then it is not necessary or permissible to go into the merits of the OA. The present Original Application is dismissed for want of jurisdiction. Pending MAs, if any, stand closed. No order as to costs.
(Umesh Gajankush) (Shri Krishna)
Member (J) Member (A)
ma.
Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65= 0815a10efc18484c96f92d4cf96b158b, Phone= Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338 f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd Alphanso 757c8b8babf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
Date: 2025.06.12 11:33:31+05'30' Foxit PDF Reader Version: 2024.4.0