Central Administrative Tribunal - Madras
G Athimoolam vs Ut Of Pondicherry on 2 February, 2023
fre ] O A 1962/2014 ee) CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH A/310/1962 /2014 Dated Thursday the 2nd day of February Two Thousand Twenty Three CORAM : HON'BLE MS.MANJULA DAS, Member (J) HON'BLE, T. JACOB, Member (A) 1. Mr,G.Athimoolam, Son of Late. V.Govindasamy, No.22, New Street, Pabalakaranchavady, Puducherry -- 605 005. 2. Mrs.5.Paruvathani O.S., Wife of J.Sambamoorthy, No.28, 13" Cross, Rainbow Nagar, Puducherry -- 605 011. 3. Mrs.Remani Sasidharan, Wife of Sasidharan, No.9th 1* Cross, New Street, kavundanpalayam, Thattanchavady, * Puducherry-605 009. ... Applicants By Advecate M/s.8.Devie Vs 1. The Director, Jawaharlal Institute of Post Graduation, Medical Education and Research, Puducherry -- 605 006. 2. Directorate General of Health Service, MHFW, GOI, New Delhi. ... Respondents By Advocate Mr. M.T.Arunan 2 OA 1962/2014 ORAL ORDER
(Pronounced by Hon'ble Ms.Manjula Das, Member (J) The applicant has filed this OA seeking the following reliefs:
"a. to direct the Respondent to declare that the Applicants service in the post of Lower Division Clerk should be treated as regular service from the respective date of their initial appointment b. to direct the respondent to grant the benefit of financial upgradation under the Assured Career Progression Scheme from the date of completion of 24 years of service from the date of initial appointment with all consequential benefits including re -fixation of arrears of pay within interest at the rate of 24% per annum".
2. The brief facts of the case in nutshell is as follows:
The 1* applicant in the OA was appointed to the post of Lower Division Clerk in the Respondent Institute on 14.01.1980 on adhoc basis against Icave vacancy and was regularized with effect from 1.6.1983 and thereafter confirmed on 08.08.1991. He was promoted to Upper Division Clerk on 11.11.1997 on short term basis and on 28.07.2008, the 1* applicant was promoted as Accountant on temporary basis and was promoted to Office Superintendent on 07.07.2010 on adhoc basis and was regularized as Office Superintendent on 02.08.2010.
3. The 2™ applicant submits that on 08.11.1978 she joined as Safaiwala and promoted to Nursing orderly on temporary basis with * 3 0 A 1962/2014 effect from 31.08.1979 and she was appointed to the post of Lower Division Clerk on 07.05.1981 on adhoc basis against leave vacancy and has regularized with effect from 01.06.1983 and thereafter confirmed on 08.08.1991. The 2" applicant was promoted to Upper Division Clerk on 14.01.2001. On 16.07.2011 the 2™ applicant was promoted as Accountant and on 3.3.2014 she was promoted to Office Superintendent.
4, The 3" applicant submits that she was Joined as Safaiwala on 6.6.1979 and appointed to the post of Lower Division Clerk in the Respondent Institute on 07.05.1981 on adhoc basis against leave vacancy and was regularized with effect from 01.06.1983 and confirmed on 08.08.1991. Further she was promoted to Upper Division Clerk on 4.7.2000 on adhoc basis and UDC officiating on 1.1.2001. On 2.8.2011 the 3" applicant was promoted as Accountant and promoted to Office Superintendent on 3.3.2014.
5. The applicants have made several representations to the respondents to count their service since inception as regular and qualifying service for promotion and assured cartier progression as well for which there is no response. Learned counsel for the applicants further submits that one G. Soudatchanane who had his initial appointment on 24.02.1981 has made e representation similarly as that of the applicants herein on 10.08.2005 to regularize his service in the 4 OA 1962/2014 initial entry level. Initially the representation of the said person was rejected and thereafter the respondents regularised the services of the said person in his entry level post from 24,02.198 i stating that since his immediate senior and junior who joined at that time were regularised and based on the same his pay scale was also revised. Hence the applicants have filed this OA seeking the aforesaid relief,
6. The respondents have filed a detailed reply statement. It is stated in the reply that all the applicants were appointed on leave vacancy basis only. At the time of their appointments, there were no regular / lien free vacancies. All the 3 applicants were regularised w.e.f. 01.06.1983 after arose of lien free vacancy by the competent authority leniently though they were not entitled. It is submitted that while sendiny cull letters to the applicants, it was clearly stated that the posts were against leave vacancy and limited period only and the ad-hoc appointments do not bestow any claim for regular appointment. It was further submitted that after having accepted the terms and conditions fo the offer of appointment/appointment orders, the applicants have joined the Institution and now representation made to count their service rendered in ad-hoc /leave vacancy as regular service for the financial benefits under the ACP scheme is against the terms and conditions of the initial appointment on leave vacancy. Further it is submitted that in terms of ACP guidelines, only regular service shall be counted for 3 OA 1962/2014 granting of benefits under ACP scheme. It is submitted that one G. Soudartchananae who joined in the Leave vacancy on 24,12,1981 and appointed to the psot of LDC as a direct recruit on 25.02.1986. In the mean time his immediate junior and immediate senior in the posts of. ~ MRC were regularised from their date of appointment but G. Soudartchanane was not regularised. Therefore in view of the above and on the available of a lien free vacancy only he was regularised.
But the applicants non-regularisation are different from the regularisation of G. Soudartchanane. Hence the respondents prays for the dismissal of the OA.
7. Heard both sides, Perused the OA and other connected materials placed on record.
8. It is seen-that all the applicants joined in various posts in the Respondent Institute on various dates on adhoc basis against leave vacancy and all the applicants were regularised w.e.f. 01.06.1983 in the post of Lower Division Clerk. It was clearly stated in their appointment order that they were on adhoc basis and appointed for the limited period and do not bestow any claim for regular appointment.
9. Having heard the learned counsels and on perusal of' the pleadings placed before us we have noted that the applicant's claim for financial upgradation as per the scheme of 09.08.1999 on the basis of the similarly situated person one G. Soudatchanane who rendered his wo henge cas 6 OA 1962/2014 service under ihe same Institution and his services were regularised from the date ofhis initial appointment to the post of Medical Records Clerk w.e.f. 24.12.1981 vide memorandum dated 30.07.2013.
It is contained in the said office memorandum that the "regularisation" of Shri. G, Soudartchanane is done for the purpose of getting financial upgradation only under ACP/MACP Scheme,
9. Accordingly the said G. Soudartchanane got the II ACP w.e.f. 2005 as he got promotion to the post of UDC earlier, From the above relevant papers it appears that the applicants are also similarly situated as that of G. Soudartchanane who was rendering service under the _ said respondents are to be treated in the same way.
10. In view of the above circumstances and since the applicants deserve the same benefits without any discrimination or arbitrary action we accordingly direct the respondents to extend the benefit of ACP / MAC? to the applicants under the scheme for financial upgradation by counting the past services within a period of four months from the date of receipt of copy of this order. OA stands allowed. No order. as to costs.