Punjab-Haryana High Court
Union Of India (Uoi) And Ors. vs Mes No. 374825 Surjit Singh And Ors. on 15 January, 2008
Author: Hemant Gupta
Bench: Hemant Gupta, Mohinder Pal
JUDGMENT Hemant Gupta, J.
1. The challenge in the present writ petition is to the order passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as `the Tribunal') on 2.11.2001, whereby the Original Application filed by the respondents under Section 19 of the Administrative Tribunals Act, 1985 (for short `the Act'), was allowed.
2. The respondent-applicants claimed that they were appointed in a semi skilled grade on probation for a period of two years and on completion of such period, they are entitled to be regularised in the skilled grade. Since the applicants were not being granted the said status, an application under Section 19 of the Act was filed, which has been allowed by the learned Tribunal vide the order impugned in the present writ petition.
3. The respondents have been appointed in the year 199394 as mate electrician or mate painter. The appointment letter in respect of Surjit Singh (respondent No. 1) is Annexure R.1, dated 30.12.1992, whereby he has been appointed as mate electrician (semi skilled) in the pay scale of Rs. 800-1150/-. It is the case of the respondents that in terms of Instructions (Annexure A.2) dated 15.10.1984, on completion of two years on probation, the persons employed in semi-skilled grade have to be appointed in the skilled category in the revised pay scale of Rs. 260-400/- (existing scale Rs. 210-290/- ). The relevant extracts from the instructions dated 15.10.1984 read as under:
(i) Upgradation of the following jobs from semi skilled grade (Rs.210-290) to the skilled grade (Rs. 260 400):
Sl. No. Job Title Existing Scale Revised Scale
1.
Book Binder Rs.210-290 Rs.260-400
2. Saddler
-do-
-do-
3. Boot Maker
-do-
-do-
4. Carpenter
-do-
-do-
5. Pipe Fitter
-do-
-do-
6. Plumber
-do-
-do-
7. Mason
-do-
-do-
8. Moulder
-do-
-do-
9. Painter/Polisher
-do-
-do-
10. Sign Writer
-do-
-do-
11. Sawyer
-do-
-do-
12. Upholsterer
-do-
-do-
4. These orders supersede the earlier orders in regard to fitment of the above categories of workers in the relevant scales of pay from the date of issue of this letter.
5. Fresh induction to the trades listed in (i) shall be from:
(a) Semi-skilled categories to be identified by you or feeder categories in the pay scale of Rs. 210-290 already existing under the present recruitment rules, subject to the workers having rendered a minimum of three years' service in the grade and after passing the prescribed trade test; and
(b) direct recruits with ITI Certificate/Ex-trade Apprentices NCTVT etc. inducted in the semi-skilled grade, who have rendered 2 years service in that grade.
6. On the other hand, it is the case of the petitioners that the instructions Annexure A.2 dated 15.10.1984 are not applicable in respect of the present case, whereas the instructions dated 8.2.1988 (Annexure R.4) would be applicable. As per the said instructions after identifying the vacancies available, the employees were to be appointed in the pre-revised scale of Rs. 210-290/- (revised scale of Rs. 800-1150/- ) against the semi skilled post. It was also mentioned that such employees will be promoted to the skilled grade after passing the prescribed trade test and subject to the availability of vacancies at the time. The relevant extracts read as under:
The above employees will be appointed in the pre- revised scale of Rs. 210-290 (revised scale Rs. 800-1500) against the semi-skilled post of tradesmen/mate such as MPA (semi-skilled etc.) on completion of 3 years regular service in the grade (2 years in the case of direct recruits with ITI certificate/NCT/Ex-Trade apprentices) they will be promoted to the skilled trade after passing the prescribed trade test and subject to availability of vacancies at the time.
7. The appointment of the respondents came to be governed by the Military Engineer Services (Industrial Group `C') Recruitment Rules, 1990 published on 5.10.1991. At Serial No. 21, the post of electrician is in the scale of Rs. 950-1150/- and the same is required to be filled up by way of promotion amongst Tradesmen Mate Electrician with 3 years regular service in the grade of Tradesman Mate (Electrician) having ITI qualifications and two years service and have qualified trade test for the post of Electrician (Skilled) as prescribed by Engineer-in-Chief. Similar is the qualification in respect of the post of painter. The relevant extracts of the Rules read as under:
Schedule 1 2 3 4 5 Name of post Number of post Classification Scale of Pay Whether Selection or non-selection post
21. Electrician* 7469** (1991) General Central Service, Group `C' Non Gazetted, Industrial Rs. 950-20-1150-EB-25-1500 Non-selection *Existing post of Armature Winder, Lineman, Wireman and Switch Board Attendant will be classified as Electrician (SK) as per Ministry of Defence letter No. 91026/ETC/88/D(W-II) dated 24 June, 1987.
** Subject to variation dependent on workload.
xxx xxx xxx 12. In case of recruitment by
promotion/deputation/transfer, grades from which promotion/deputation to be made Promotion: Tradesman Mate Electrician with 3 years regular service in the grade of Tradesman Mate (Electrician) having ITI qualifications and two years service and have qualified trade test for the post of Electrician (Skilled) as prescribed by Engineer-in-Chief.
8. In case of recruitment by promotion/deputation/transfer, grades from which promotion/deputation to be made Promotion:
Tradesman Mate Electrician with 3 years regular service in the grade of Tradesman Mate (Electrician) having ITI qualifications and two years service and have qualified trade test for the post of Electrician (Skilled) as prescribed by Engineer-in-Chief.
9. The controversy between the parties is whether the respondents are required to qualify the trade test as a condition precedent for appointment by way of promotion to the post of electrician/painter in the pay scale of Rs. 950-1500/- or that having qualified trade test prior to their appointment as semi skilled workers, would be sufficient for appointment as electrician or painter.
10. During the course of arguments, learned Counsel for the petitioners has pointed out that each of the respondents has since been placed in the grade of electrician i.e. Rs. 950-1500/- on availability of vacancies, the detail whereof is as under:
Sl. No. Name of the applicant Date of appointment Present appointment with pay scale 1 MES 374825 Shri Surjit Singh, Mate Elect.
02.1.93 Elect (SK) Rs.950-1500/- w.e.f. 14.1.05
2.
MES-375108 Shri Yash Pal, Mate Elect.
21.7.93 Elect. (SK) Rs.950-1500/-w.e.f. 19.9.2000
3. MES 374986 Sh. Puran Singh, Mate Painter 14.12.93 Painter (SK) Rs.950-1500/- w.e.f. 2.1.2007
4. MES 375009 Shri Ramesh Kumar, Mate Elect.
31.3.94 Elect (SK) Rs.950-1500/- w.e.f. 22.6.2002
11. We have heard learned Counsel for the parties at length. Though, no reference is made to Military Engineer Services (Industrial Group `C') Recruitment Rules, 1990 before the Tribunal, but once Rules have been framed in respect of Group-C posts i.e. the posts of electrician and painter, the promotion and appointments thereof are required to be made in accordance with the said Rules only.
12. The respondents claim placement in the skilled grade of Electrician/Painter in the pay scale of Rs. 950-1500/- on the basis of trade test qualified before appointment in the semi skilled category. The appointments after the commencement of the Rules, have to be made in terms of the Rules. Still further, the instructions dated 8.2.1988 are clear and categorical. They are to the effect that promotions shall be made after passing the prescribed trade test and subject to availability of vacancies at the time. In view of the said instructions and the Rules, the respondents cannot claim to be placed in the skilled grade of Rs. 950-1500/- on completion of two years of probation period.
13. The communication Annexure A.1 dated 27.12.1988 is in fact reiteration of the circular dated 15.10.1984. The instructions dated 15.10.1984 is a decision taken on the recommendations of the Anomaly Committee. Without going into the question whether such instructions are applicable in respect of the respondents or not, we are of the opinion that the said instructions loose their significance after the publication of the Rules on 5.10.1991.
14. Consequently, the present writ petition is allowed. The impugned order dated 2.11.2001 passed by the learned Tribunal, is set aside. The Original Application filed by the respondents is dismissed.