Central Administrative Tribunal - Jaipur
M/O Mines vs Kamal Kishore Shukla on 21 December, 2023
1
OA No. 643/2014 with 15 other connected matters
CENTRAL ADMINISTRATIVE TRIBUNAL
JAIPUR BENCH, JAIPUR
OA No. 643/2014 with MA Nos. 95/2015, 295/2017,
387/2017 & 43/2018,
OA No. 246/2017 with MA Nos. 493/2017 & 18/2023,
OA No. 248/2017 with MA Nos. 494/2017 & 19/2023,
OA No. 260/2017 with MA Nos. 441/2017 & 21/2023,
OA No. 261/2017 with MA Nos. 442/2017 & 20/2023,
OA No. 262/2017 with MA Nos. 443/2017 & 22/2023,
OA No. 275/2017 with MA Nos. 495/2017 & 23/2023,
OA No. 292/2017 with MA Nos. 444/2017 & 24/2023,
OA No. 293/2017 with MA Nos. 446/2017 & 25/2023,
OA No. 422/2017 with MA No. 26/2023,
OA No. 478/2017 with MA No. 27/2023,
OA No. 479/2017 with MA No. 28/2023,
OA No. 480/2017 with MA No. 29/2023,
OA No. 504/2017 with MA No. 30/2023,
OA No. 505/2017 with MA No. 31/2023
&
OA No. 506/2017 with MA No. 32/2023
Order Reserved on: 15.12.2023
DATE OF ORDER: 21.12.2023
CORAM
HON'BLE MS. RANJANA SHAHI, JUDICIAL MEMBER
HON'BLE MR. LOK RANJAN, ADMINISTRATIVE MEMBER
OA No. 643/2014
Sh. Gajraj Singh S/o Shri Nand Singh, aged about 39
years, Resident of H. No. 331-332, Jaswant Nagar,
Khatipura, Jaipur-302012 Presently working as Store
Keeper Geological Survey of India, Western Region,
Jaipur.
...APPLICANT
Shri Amit Mathur, counsel for the applicant.
VERSUS
2
OA No. 643/2014 with 15 other connected matters
1. The Director General, Geological Survey of India,
27, JLN Marg, Kolkatta (West Bengal).
2. The Deputy Director General, Geological Survey
of India, 15-16, Jhalana Dungri, Jaipur (Raj.).
...RESPONDENTS
Shri N.C. Goyal, counsel for the respondents
OA No. 246/2017
1. J.P. Meena son of Shri Gopal Ram Meena, aged
about 50 years, resident of G.S.I. Colony,
Malviya Nagar, Jaipur.
2. Kuldeep Bhardwaj son of Shri V.N. Bhardwaj
aged about 43 years, resident of III/106, G.S.I.
Colony, Malviya Nagar, Jaipur.
Both the applicants are working as Assistant in
G.S.I., Western Region, Jaipur.
...APPLICANT
Shri Amit Mathur, counsel for the applicant.
VERSUS
1. Union of India through its Secretary, Ministry of
Mines, Khaniz Bhawan, North Block, New Delhi.
2. Geological Survey of India through its Director
General, 27, J.L.N. Road, Kolkata.
3. The Assistant Director General and Head of the
Department (HOD), Geological Survey of India,
Western Region, 15-16, Jhalana Doongri, Jaipur
(Raj.).
...RESPONDENTS
Shri N.C. Goyal, counsel for the respondents
OA No. 248/2017
Kamal Kishore Shukla son of Shri Murlidhar aged
about 43 years, resident of 263/727, Sector 26,
Pratap Nagar, Jaipur. Applicant is working as P.A. in
G.S.I., Western Region, Jaipur.
...APPLICANT
Shri Amit Mathur, counsel for the applicant.
3
OA No. 643/2014 with 15 other connected matters
VERSUS
1. Union of India through its Secretary, Ministry of
Mines, Khaniz Bhawan, North Block, New Delhi.
2. Geological Survey of India through its Director
General, 27, J.L.N. Road, Kolkata.
3. The Assistant Director General and Head of the
Department (HOD), Geological Survey of India,
Western Region, 15-16, Jhalana Doongri, Jaipur
(Raj.).
...RESPONDENTS
Shri N.C. Goyal, counsel for the respondents
OA No. 260/2017
Mali Ram s/o Debu Ram Saini age 58 years R/o Plot
No. 7, Jagatpura, Jaipur. Presently working as JTA
(drilling) in G.S.I., Western Region, Jaipur.
...APPLICANT
Shri Amit Mathur, counsel for the applicant.
VERSUS
1. Union of India through its Secretary, Ministry of
Mines, Khaniz Bhawan, North Block, New Delhi.
2. Geological Survey of India through its Director
General, 27, J.L.N. Road, Kolkata.
3. The Assistant Director General and Head of the
Department (HOD), Geological Survey of India,
Western Region, 15-16, Jhalana Doongri, Jaipur
(Raj.).
...RESPONDENTS
Shri N.C. Goyal, counsel for the respondents
OA No. 261/2017
Laxman Singh S/o Shri Mohan Singh, age 58 years,
R/o Village & Post Ganeshar, Tehsil Neemkathana,
District Sikar, Rajasthan presently working as J.T.A.,
Unit No. 464, Thanagaji Alwar under the office of GSI
Western Region, Jaipur. Gr. 'C'
...APPLICANT
Shri Sorabh Purohit, counsel for the applicant.
4
OA No. 643/2014 with 15 other connected matters
VERSUS
1. Union of India through its Secretary to the
Government of India Ministry of Mines, Shastri
Bhawan, New Delhi.
2. The Director General, Geological Survey of India,
Head Office, Jawahar Lal Nehru Road, Kolkata,
W.B. - 700016.
3. The Additional Director General & HOD,
Geological Survey of India, Western Region, 15-
16, Jhalana Doongri, Jaipur (Raj.)
...RESPONDENTS
Shri N.C. Goyal, counsel for the respondents
OA No. 262/2017
Lal Chand Meena S/o Shri Bhura Ram Meena, age 58
years, R/o H. No. 43335, Govind Rajiyon Ka Rasta,
Purani Basti, Jaipur, Rajasthan presently working as
J.T.A., Unit No. 465, Thanagaji Alwar under the office
of GSI Western Region, Jaipur.
...APPLICANT
Shri Sorabh Purohit, counsel for the applicant.
VERSUS
1. Union of India through its Secretary to the
Government of India Ministry of Mines, Shastri
Bhawan, New Delhi - 110001.
2. The Director General, Geological Survey of India,
Head Office, 27, Jawahar Lal Nehru Road,
Kolkata, W.B. - 700016.
3. The Additional Director General & HOD,
Geological Survey of India, Western Region, 15-
16, Jhalana Doongri, Jaipur (Raj.)
...RESPONDENTS
Shri N.C. Goyal, counsel for the respondents
OA No. 275/2017
Hari Narain Meena s/o Shri Mahadev Lal Meena aged
about 58 years, resident of Quarter No. Type-II/37,
5
OA No. 643/2014 with 15 other connected matters
G.S.I. Colony, Malviya Nagar, Jaipur (Raj.) presently
working as Assistant in G.S.I., Western Region, Jaipur.
Gr. 'C'.
...APPLICANT
Shri Amit Mathur, counsel for the applicant.
VERSUS
1. Union of India through its Secretary, Ministry of
Mines, Khaniz Bhawan, North Block, New Delhi.
2. Geological Survey of India through its Director
General, 27, J.L.N. Road, Kolkata.
3. The Additional Director General and Head of the
Department (HOD), Geological Survey of India,
Western Region, 15-16, Jhalana Doongari, Jaipur
(Raj.).
...RESPONDENTS
Shri N.C. Goyal, counsel for the respondents
OA No. 292/2017
Ekbal Singh S/o Late Shri Sohan Singh Age 61 years,
R/o 443-F, Hind Nagar, Kanpur Road, Lucknow, U.P.
Retired from the post of JTA from the O/o GSI
Western Region, Jaipur, Gr. 'C'.
...APPLICANT
Shri Sorabh Purohit, counsel for the applicant.
VERSUS
1. Union of India through its Secretary to the
Government of India Ministry of Mines, Shastri
Bhawan, New Delhi - 110001.
2. The Director General, Geological Survey of India,
Head Office, 27, Jawahar Lal Nehru Road,
Kolkata, W.B. - 700016.
3. The Additional Director General & HOD,
Geological Survey of India, Western Region, 15-
16, Jhalana Doongri, Jaipur (Raj.)
...RESPONDENTS
Shri N.C. Goyal, counsel for the respondents
6
OA No. 643/2014 with 15 other connected matters
OA No. 293/2017
Sheesh Ram S/o late Shri Murlidhar Age 61 years, R/o
V & P Muradpur, via Singhana Tehsil Bhuana District
Jhunjhunu Rajasthan. Retired from the post of JTA
from the O/o GSI Western Region, Jaipur. Gr. 'C'.
...APPLICANT
Shri Sorabh Purohit, counsel for the applicant.
VERSUS
1. Union of India through its Secretary to the
Government of India Ministry of Mines, Shastri
Bhawan, New Delhi - 110001.
2. The Director General, Geological Survey of India,
Head Office, 27, Jawahar Lal Nehru Road,
Kolkata, W.B. - 700016.
3. The Additional Director General & HOD,
Geological Survey of India, Western Region, 15-
16, Jhalana Doongri, Jaipur (Raj.)
...RESPONDENTS
Shri N.C. Goyal, counsel for the respondents
OA No. 422/2017
Gajraj Singh s/o Shri Nand Singh, aged about 39
years, R/o House No. 331-332, Jaswant Nagar,
Khatipura Jaipur-302012. Presently working as Store
Keeper, Geological Survey of India, Western Region,
Jaipur.
...APPLICANT
Shri Amit Mathur, counsel for the applicant.
VERSUS
1. Union of India through its Secretary, Ministry of
Mines, Shastri Bhawan, New Delhi.
2. The Director General, Geological Survey of India,
27, J.L.N. Marg, Kolkata (West Bengal).
3. The Deputy Director General, GSO 15-16,
Jhalana Doongari, Jaipur (Raj.).
...RESPONDENTS
Shri N.C. Goyal, counsel for the respondents
7
OA No. 643/2014 with 15 other connected matters
OA No. 478/2017
Mali Ram S/o Debu Ram Saini age 58 years R/o Plot
No. 7, Jagatpura, Jaipur. Presently working as JTA
(drilling) in G.S.I., Western Region, Jaipur.
...APPLICANT
Shri Amit Mathur, counsel for the applicant.
VERSUS
1. Union of India through its Secretary, Ministry of
Mines, Khaniz Bhawan, North Block, New Delhi.
2. Geological Survey of India through its Director
General, 27, J.L.N. Road, Kolkata.
3. The Assistant Director General and Head of the
Department (HOD), Geological Survey of India,
Western Region, 15-16, Jhalana Doongri, Jaipur
(Raj.).
...RESPONDENTS
Shri N.C. Goyal, counsel for the respondents
OA No. 479/2017
1. J.P. Meena son of Shri Gopal Ram Meena aged
about 50 years, resident of G.S.I. Colony,
Malviya Nagar, Jaipur.
2. Kuldeep Bhardwaj son of Shri V.N. Bhardwaj
aged about 43 years, resident of III/106, G.S.I.
Colony, Malviya Nagar, Jaipur.
Both the applicants are working as Assistant in
G.S.I., Western Region, Jaipur.
...APPLICANTS
Shri Amit Mathur, counsel for the applicants.
VERSUS
1. Union of India through its Secretary, Ministry of
Mines, Khaniz Bhawan, North Block, New Delhi.
2. Geological Survey of India through its Director
General, 27, J.L.N. Road, Kolkata.
8
OA No. 643/2014 with 15 other connected matters
3. The Assistant Director General and Head of the
Department (HOD), Geological Survey of India,
Western Region, 15-16, Jhalana Doongri, Jaipur
(Raj.).
...RESPONDENTS
Shri N.C. Goyal, counsel for the respondents
OA No. 480/2017
Kamal Kishore Shukla son of Shri Murlidhar aged
about 43 years, resident of 263/727, sector 26, Pratap
Nagar, Jaipur. Applicant is working as P.A. in G.S.I.,
Western Region, Jaipur.
...APPLICANT
Shri Amit Mathur, counsel for the applicant.
VERSUS
1. Union of India through its Secretary, Ministry of
Mines, Khaniz Bhawan, North Block, New Delhi.
2. Geological Survey of India through its Director
General, 27, J.L.N. Road, Kolkata.
3. The Assistant Director General and Head of the
Department (HOD), Geological Survey of India,
Western Region, 15-16, Jhalana Doongri, Jaipur
(Raj.).
...RESPONDENTS
Shri N.C. Goyal, counsel for the respondents
OA No. 504/2017
Ekbal Singh S/o Late Shri Sohan Singh Age 61 years,
R/o 443-F, Hind Nagar, Kanpur Road, Lucknow, U.P.
Retired from the post of JTA from the O/o GSI
Western Region, Jaipur. Group 'C'.
...APPLICANT
Shri Sorabh Purohit, counsel for the applicant.
VERSUS
9
OA No. 643/2014 with 15 other connected matters
1. Union of India through its Secretary to the
Government of India Ministry of Mines, Shastri
Bhawan, New Delhi - 110001.
2. The Director General, Geological Survey of India,
Head Office, 27, Jawahar Lal Nehru Road,
Kolkata, W.B. - 700016.
3. The Additional Director General & HOD,
Geological Survey of India, Western Region, 15-
16, Jhalana Doongri, Jaipur (Raj.)
...RESPONDENTS
Shri N.C. Goyal, counsel for the respondents
OA No. 505/2017
Laxman Singh S/o Late Shri Mohan Singh Age 58
years, R/o V&P Ganeshar, Tehsil Neem Ka Thana,
District Sikar presently working on the post of JTA
under the O/o GSI Western Region, Jaipur. Group 'C'.
...APPLICANT
Shri Sorabh Purohit, counsel for the applicant.
VERSUS
1. Union of India through its Secretary to the
Government of India Ministry of Mines, Shastri
Bhawan, New Delhi - 110001.
2. The Director General, Geological Survey of India,
Head Office, 27, Jawahar Lal Nehru Road,
Kolkata, W.B. - 700016.
3. The Additional Director General & HOD,
Geological Survey of India, Western Region, 15-
16, Jhalana Doongri, Jaipur (Raj.)
...RESPONDENTS
Shri N.C. Goyal, counsel for the respondents
OA No. 506/2017
Sheesh Ram S/o Late Shri Murlidhar Age 61 yrs. R/o
V&P Muradpur, Tehsil Bhuana District Jhunjhunu.
10
OA No. 643/2014 with 15 other connected matters
Retired from the post of JTA from the O/o GSI
Western Region, Jaipur. Group 'C'.
...APPLICANT
Shri Sorabh Purohit, counsel for the applicant.
VERSUS
1. Union of India through its Secretary to the
Government of India Ministry of Mines, Shastri
Bhawan, New Delhi - 110001.
2. The Director General, Geological Survey of India,
Head Office, 27, Jawahar Lal Nehru Road,
Kolkata, W.B. - 700016.
3. The Additional Director General & HOD,
Geological Survey of India, Western Region, 15-
16, Jhalana Doongri, Jaipur (Raj.)
...RESPONDENTS
Shri N.C. Goyal, counsel for the respondents
ORDER
Per: RANJANA SHAHI, JUDICIAL MEMBER At the request of learned counsels for the parties, OA No. 643/2014 with MA Nos. 95/2015, 295/2017, 387/2017 & 43/2018, OA No. 246/2017 with MA Nos. 493/2017 & 18/2023, OA No. 248/2017 with MA Nos. 494/2017 & 19/2023, OA No. 260/2017 with MA Nos. 441/2017 & 21/2023, OA No. 261/2017 with MA Nos. 442/2017 & 20/2023, OA No. 262/2017 with MA Nos. 443/2017 & 22/2023, OA No. 275/2017 with MA Nos. 495/2017 & 23/2023, OA No. 292/2017 with MA Nos. 444/2017 & 24/2023, OA No. 293/2017 with MA Nos. 446/2017 & 25/2023, OA No. 422/2017 with MA No. 11 OA No. 643/2014 with 15 other connected matters 26/2023, OA No. 478/2017 with MA No. 27/2023, OA No. 479/2017 with MA No. 28/2023, OA No. 480/2017 with MA No. 29/2023, OA No. 504/2017 with MA No. 30/2023, OA No. 505/2017 with MA No. 31/2023 & OA No. 506/2017 with MA No. 32/2023, are taken up together for disposal as common question of law and facts is involved in the aforesaid matters/OAs.
2. For the sake of convenience, brief facts of OA No. 643/2014 are taken up. The OA No. 643/2014 has been filed by the applicant with the prayer to quash and set aside the impugned reversion order dated 04.09.2014 (Annexure A/1) and also to declare redundant the line "not applicable in respect of vacancies of 2013-14" occurring in Annexure A/4 order dated 11.04.2013 with further prayer that the respondents be directed to continue the applicant as Store Keeper as per his promotion order Annexure A/8 dated 30.04.2013 with all consequential benefits.
3. Brief facts of the case, as stated by the applicant, are that he was promoted from the post of Assistant Store Keeper (T) to the post of Store Keeper (T) vide order dated 30th April, 2013 (Annexure A/8) by giving one time relaxation of one year in the qualifying 12 OA No. 643/2014 with 15 other connected matters service. But later on, vide impugned order dated 04.09.2014 (Annexure A/1), he was reverted to the feeder post on the ground that the residency period of any incumbent for promotion to the post of SK (T) from ASK (T) was three years as per old Recruitment Rules. One year relaxation was given only for the year 2012-13. The crucial date for determining the residency period is 01.01.2012 for the year 2012-13 and the incumbent will have to complete at least two years of residency period on 01.01.2012. But the incumbent/applicant has completed only one year as on 01.01.2012. The applicant has challenged the same on the ground that the action of the respondents in reverting him is arbitrary and illegal.
4. In response to all the OAs, learned counsel for the respondents in general has stated that the D.G., GSI vide Office Order No. A32019/2009/15A dated 11.04.2013 conveyed a general and special relaxation of qualifying service upto one year in respect of all Non-Gazetted vacancies of 2012-13 in order to avoid operational difficulties and interruption in DPC formalities. However, the said relaxation is only applicable in respect of vacancies of 2012-13 and not for 2013-14. Accordingly, it was directed to complete 13 OA No. 643/2014 with 15 other connected matters the DPC meeting on priority basis before 30.04.2013 in respect of all non-gazetted posts/vacancies of 2012-13 in terms of old Recruitment Rules basis.
5. Learned counsel for the respondents further states that the applicant was given promotion by the DPC considering crucial date reckoning as 01.01.2013 instead of 01.01.2012. Accordingly, ineligible officials were promoted through conducting DPC though they had a shortfall of more than one year as qualifying service. Therefore, a gross violation has been done and officials have been promoted in contravention of the Recruitment Rules and in violation of the DG, GSI office order dated 11.04.2013. Thereafter, on further scrutiny, it was noticed that the special relaxation of qualifying service i.e. upto one year in respect of all non-gazetted posts / vacancies of 2012-13 granted by DG, GSI Office Order dated 11.04.2013 was not in conformity with DOPT guidelines and the same was withdrawn vide DG, GSI letter No. A/32019/6(Regions)/10-15A dated 26.04.2017.
6. Learned counsel for the respondents state that in terms of DOPT OM dated 13.04.1998, the proceedings of any DPC can be reviewed only, if the DPC has not 14 OA No. 643/2014 with 15 other connected matters taken all material facts into consideration or if material facts have not been brought to notice of the DPC or if there have been grave errors in the procedure followed by the DPC. Thus, it may be necessary to convene Review DPCs to rectify certain unintentional mistakes e.g. -
(a). Where eligible persons were omitted to be considered for; or
(b). Where ineligible persons were considered by mistake; or
(c). Where the seniority of a person is revised with retrospective effect resulting in a variance of the seniority list placed before the DPC; or
(d). Where some procedural irregularity was committed by a DPC; or
(e). Where adverse remarks in the CRs were toned down or expunged after the DPC had considered the case of the officer/official.
In terms of clause (b) & (d) as stated above, the Review DPC was required to be convened in order to regularize / rectify the irregularities / mistakes in the above DPC held in the year 2013. Accordingly, all HODs were requested to conduct the review DPC on 27th April, 2017, in respect of all DPC meetings conducted for the vacancies 2013-14 in terms of DG, GSI office order dated 11.04.2013, in order to rectify the discrepancies occurred on account of the above relaxation and on the recommendations of the Review 15 OA No. 643/2014 with 15 other connected matters Departmental Promotion Committee held on 27.04.2017, the Additional Director General, GSI, WR, Jaipur has approved the reversion of the applicants who were promoted by applying relaxation (in terms of DG, GSI Office Order dated 11.04.2013) to the post of Assistant with effect from 26.04.2013.
7. It is the specific stand of the respondents that the promotion was bad firstly on the ground that one year relaxation given in the qualifying service was not in conformity with the DOPT guidelines drawn in pursuance to the rules regulating method of recruitment to Class III (non-ministerial) posts in the Geological Survey of India Notification dated 24th December, 1968 made in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India. Rule 6 of the above said Rules, reads as under: -
"6. Power to relax.- Where the Central Government is of the opinion that it is necessary or expedient so to do, it may, by order and for reasons to be recorded in writing, relax of any of the provisions of these rules with respect to any class or category of persons / posts."
Learned counsel for the respondents, states that, as such, the DG, GSI was not competent to grant the relaxation in qualifying service.
16OA No. 643/2014 with 15 other connected matters
8. The second ground taken by the respondents is that even after granting one year relaxation, the applicants could not complete the qualifying service period. In the impugned order dated 04.09.2014 (Annexure A/1 of OA No. 643/2014), the respondents have stated that one year relaxation was given only for the year 2012-13. The crucial date for determining the residency period was 01.01.2012 for the year 2012-13 and the incumbent was to complete at least two years of residency period on 01.01.2012. But the incumbent could complete only one year as on 01.01.2012. The respondents have calculated the period of qualifying service from 01.01.2011 to 01.01.2012.
9. To controvert the same, learned counsel for the applicant states that the respondents have wrongly calculated the period of qualifying service from 01.01.2011 to 01.01.2012. According to him, the period of qualifying service should have been computed from 01.07.2010 (the date on which he was promoted to the feeder post of Assistant Store Keeper upto 26.04.2013 (the date of convening DPC). 17 OA No. 643/2014 with 15 other connected matters
10. Heard both the sides and perused the material available on record.
11. First of all, the first issue which arises is, whether the relaxation was in order or not? For better appreciation of the issue, the relevant part of Office Order dated 11.04.2013 (Annexure A/4) reads as under: -
"Various Regional Offices and CHQ Personnel Sections (Section 15A & 16A) have requested for relaxation of qualifying service for a period one year and less than one year, for holding the DPC meeting for the year 2012-13 in respect of vacancies of non-gazetted posts. The said proposals were forwarded to the Ministry of Mines and reminders were also issued for getting their approval in this regard. Since there was no reply from the Ministry in this regard, the matter was discussed in the HODs meeting held at DGCO Office, New Delhi on 29th December, 2012, which meeting was chaired by JS (DSM) and participated by Dy. Secretary S.B. Doval, Ministry of Mines. It was decided in the said meeting that for regular delegation of power for relaxation of qualifying service, to the DG GSI, a proposal may be sent to the Ministry of Mines. Accordingly, a proposal was sent to Ministry of Mines vide letter No. SP/ 625/A- 32019/3/2009-15A dated 22/1/2013, for regular delegation of power to DG GSI [i.e. for empowering him (DG GSI)] for granting relaxation of qualifying service in respect of non-gazetted officials for promotion within the non-gazetted posts, as a standing(regular) instruction/ delegation, by the Ministry of Mines.
2. However, till date the standing delegation of Ministry on the above issue, has not yet been received. Therefore, the matter was further discussed in the HODs meeting held at DGCO office, New Delhi on 22nd March, 2013. On detailed discussion the collegiums of GSI (HODs 18 OA No. 643/2014 with 15 other connected matters of all Regions and CHQ) have decided as follows:
-
a) The proposal sent to Ministry of Mines vide GSI letter No. SP/625/A-32019/3/2009-
15A dated 22/1/2013 is for permanent / standing delegation of power to the DG GSI, empowering him to grant relaxation in qualifying service (residency period) in respect of officials in the feeder grade for promotion within the non-gazetted posts, as a standing rules in future.
b) As regards the present burning issue i.e. for the vacancies in the non-gazetted posts, for the year 2012-13, various-individuals proposals for relaxation of qualifying service for a period up to one year (one year and less than one year) were sent to MoM, and the MoM in the meeting clarified that they will not deal individual cases and the same was to be considered by the DG GSI, now GSI being an attached office. Accordingly, the DG GSI as a special case as a onetime measure considered for grant relaxation, so that the pending DPCs for the year 2012-13 will be completed on priority basis.
c) For all the non-gazetted vacancies of 2012-
13, wherever, DPC (including supplementary DPC) meeting were not held for want of relaxation of qualifying service (residency period) for a maximum period of one year, in respect of officials coming within the zone of consideration and number of vacancies for the year 2012-13, the necessary relaxation may be granted by the DG GSI being an attached office of Ministry of Mines. This recommendation of collegiums has been accepted by the DG GSI for implementation.
3. Accordingly, it has been decided by the DG GSI that wherever the Recruitment Rules have been recently amended in the month of February/ March, 2013, the above recommendation of HODs stand accepted for all the non-gazetted vacancies of 2012-13, as it was reviewed in the said collegiums of HODs that the new Recruitment Rules for Gr-"B" & "C" non gazetted posts notified in February/March, 2013 19 OA No. 643/2014 with 15 other connected matters would be made applicable with effect from 1st April, 2013. Accordingly as general and special relaxation of qualifying service i.e. upto one year in respect of all non-gazetted posts / vacancies of 2012-13 stand granted by the DG, GSI, to avoid operational difficulties and interruption in the DPC formalities at the end of the last financial year i.e. 2012-13. This relaxation is not applicable in respect of vacancies of 2013-14." A bare reading of the above said Office Order dated 11.04.2013 (Annexure A/4) goes to show that the proposal for relaxation of qualifying service for a period one year and less than one year, for holding the DPC meeting for the year 2012-13 in respect of vacancies of non-gazetted posts, were sent by various Regional Offices and CHQ Personnel Sections (Section 15A & 16A) to the Ministry of Mines for getting their approval in this regard. But since there was no reply from the Ministry in this regard, as such, a meeting of HODs was held on 29th December, 2012 at DGCO Office, New Delhi chaired by JS (DSM) and participated by Dy. Secretary, Ministry of Mines, decided to send a proposal to the Ministry of Mines for regular delegation of power to DG GSI empowering him for granting relaxation of qualifying service in respect of non-gazetted officials for promotion within the non-gazetted posts. However, the standing delegation of Ministry was not received. As such, the matter was taken up in yet another meeting of HODs 20 OA No. 643/2014 with 15 other connected matters held on 22nd March, 2013, in which it was decided that the proposal sent to Ministry of Mines was for permanent / standing delegation of power to the DG GSI, empowering him to grant relaxation in qualifying service (residency period) and the same was awaited. However, it was decided in this meeting that since there was a burning issue i.e. for filling up the vacancies in the non-gazetted posts for the year 2012-13, as such, the necessary relaxation of qualifying service may be granted by DG GSI. This recommendation of collegiums was accepted by DG, GSI for implementation. Accordingly, as general and special relaxation of qualifying service i.e. upto one year in respect of all non-gazetted posts / vacancies of 2012-13 was granted by the DG, GSI and it was made clear that this relaxation is not applicable in respect of vacancies of 2013-14.
12. Besides the above, the Recruitment Rules dated 24th December, 1968, relevant para 6 as reproduced above, provides that it is the Central Government which has the power to grant relaxation of any of the provisions of these rules with respect to any class or category of persons / posts. This position was known to the collegiums of HODs that is why the proposal for 21 OA No. 643/2014 with 15 other connected matters relaxation as well as the proposal for permanent / standing delegation of power to DG GSI was sent to the Ministry of Mines, Government of India. Since no permission or reply was received from the Central Government, the collegiums of GSI (HODs of all Regions and CHQ) went on to take a decision and recommended that DG GSI may grant relaxation, as a special case as a onetime measure. The said recommendation was accepted by the DG GSI and accordingly he granted relaxation of qualifying service i.e. upto one year in respect of all non-gazetted posts / vacancies of 2012-13 as general and special relaxation.
13. Thus, it is abundantly clear that it is the Central Government which had the power to grant relaxation of qualifying service and the DG GSI was not competent to have granted the said relaxation.
14. Coming to the second issue of computation of the period of qualifying service, the applicants want the qualifying service period to be computed from the date of previous promotion till the date of next DPC for subsequent promotion. This ground cannot be accepted because the uniformly applied cut off date is 22 OA No. 643/2014 with 15 other connected matters 01st January of the relevant year of promotion and in the present case for the year 2012-13, the relevant cut off date was 01.01.2012. The Government servant had to complete at least three years regular service in the grade of Assistant Store Keeper (T) as per the existing Recruitment Rules (Old Recruitment Rules) as on 01.01.2012. Even if one year relaxation is granted to the applicant and the stand of the applicant is accepted that his period of computation should commence from the date of his previous promotion i.e. 01.07.2010 then also on 01.01.2012, he completes 18 months whereas despite one year relaxation, he should have completed 24 months. In other words, he does not complete two years as on 01.01.2012 despite relaxation.
15. The plea that applicants were not given opportunity to be heard gets struck on the ground that there was illegality in law and it was not on account of any allegations or conduct / misconduct of the applicants. Their promotions were patently wrong in law, as such void ab initio.
16. The applicants have also tried to give example of certain other set of employees in whose cases, the 23 OA No. 643/2014 with 15 other connected matters period of computation of qualifying service was calculated from the date of previous promotion till the date of next DPC for some of the previous years. In these cases, no relaxation was given and the facts of those cases cannot be the matter of determination in the present Original Applications. Besides, even if it is assumed that in their cases, the qualifying service was computed as has been claimed by the applicants, two wrongs cannot make one right.
17. Learned counsels for the applicants have relied upon the judgment of the Hon'ble Supreme Court passed in the case of Shekhar Ghosh vs. Union of India & Anr., reported in (2007) 1 SCC 331. On perusing the same, we are of the opinion that the ratio decided by the Hon'ble Supreme Court in that case, does not apply to the present OAs as the facts were entirely different in the said case. The relevant paras of the said judgment read as under:
"20. We are not oblivious that in Ram Chandra Tripathi vs. U.P. Public Services Tribunal IV, (1994) 5 SCC 180, an order passed by way of a mistake was permitted to be corrected as the same was done in violation of the order of injunction. In such a situation only, this Court held that an opportunity of being heard for correcting such mistake would not arise because there would not have been any occasion to take one view or the other in the matter on the basis of representation to be made by the affected employee.24
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22. Requirements to comply with the principles of natural justice would, therefore, vary from case to case. If upon giving an opportunity of hearing to an affected employee, it is possible to arrive at a different finding, the principles of natural justice must be complied with. We may notice that recently in Union of India v. Bikash Kuanar, (2006) 8 SCC 192, a Division of this Court opined: (SCC p. 195, para 12) "It is now trite that if a mistake is committed in passing an administrative order, the same may be rectified.
Rectification of a mistake, however, may in a given situation require compliance with the principles of natural justice. It is only in a case where the mistake is apparent on the fact of the record, a rectification thereof is permissible without giving any hearing to the aggrieved party."
18. Learned counsel for the respondents has also placed reliance upon the judgment of the Hon'ble Supreme Court passed in the case of I.C.A.R. & Anr. vs. T.K. Suryanarayan & Ors. (Civil Appeal No. 5502 and 5504 of 1997 [arising out of SLP (C) Nos. 16873 with 18567 and 19103 of 1995) dated 05th August, 1997, reported in AIR 1997 SC 3108, the relevant para of the said judgment reads as under: -
"8. We are, however unable to accept the submission made by the learned counsel appearing in both these SLPs. Even if in some cases erroneous promotions had been given contrary to the said Service Rules and consequently such employees have been allowed to enjoy the fruits of improper promotion, an employee cannot base his claim for promotion contrary to the statutory Service Rules in law courts. Incorrect promotion either given erroneously by the department by misreading the 25 OA No. 643/2014 with 15 other connected matters said Service Rules or such promotion given pursuant to judicial orders contrary to Service Rules cannot be a ground to claim erroneous promotion by perpetrating infringement of statutory Service Rules. In a court of law, employees cannot be permitted to contend that the Service Rules made effective on 1st October, 1975 should not be adhered to because in some case erroneous promotions had been given. The statutory Service Rules must be applied strictly in terms of the interpretation of Rules as indicated in the decision of Three Judges Bench of this Court in Khetra Mohan's case (1994 AIR SCW 4154). xxxxx"
From bare perusal of the above, it reveals that even if in some cases erroneous promotions had been given contrary to the Service Rules and consequently such employees have been allowed to enjoy the fruits of improper promotion, an employee cannot base his claim for promotion contrary to the statutory Service Rules in law courts. Incorrect promotion given erroneously by the department by misreading the Service Rules cannot be a ground to claim erroneous promotion by perpetrating infringement of statutory Service Rules. In a court of law, employees cannot be permitted to contend that the Service Rules made effective on 1st October, 1975 should not be adhered to because in certain other cases erroneous promotions had been given. The statutory Service Rules must be applied strictly in terms of the interpretation of Rules.
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19. In view of the above, all the Original Applications deserve to be dismissed. Accordingly, all aforesaid Original Applications are hereby dismissed. No order as to costs.
20. In view of the order passed in the aforesaid Original Applications, all the pending Misc. Applications are disposed of.
(LOK RANJAN) (RANJANA SHAHI) ADMINISTRATIVE MEMBER JUDICIAL MEMBER /nlk/