Central Administrative Tribunal - Madras
K Vijaya Bhaskar vs Railway Board on 1 March, 2023
1 of 10 CENTRAL ADMINISTRATIVE TRIBUNAL MADRAS BENCH 0.A. No. 310/00922 of 2021 DATED THIS 01° THE WEDNESDAY OF MARCH TWO THOUSAND TWENTY THREE PRESENT: THE HON'BLE SMT. MANJULA DAS, MEMBER(J} THE HON'BLE SHRI. T. JACOB, MEMBER (A) K. Vijaya Bhaskar, Emp. No. 794656, Executive Planning Engineer-II, Furnishing Division, Integral Coach Factory, Chennai; S. Narendran, Emp. No. 782268 Chief Safety Officer, Funrishing Division, Integral Coach Factory, Chennai- 600 038. .. Applicant (Advocate: Mr. M. Vijayakumar M/s. Ratio Legis ) Versus. Union of India Rep. by The Chairman & CEO, Railway Board, Rail Bhavan, Raisina Road, Rafi Ahmed Kidwai Marg, New Delhi- 110 011; The General Manager(Personnel), Integral Coach Factory, Chennai- 600 038; 2 of 10 The Secretary, Union Public Service Commission, Dholpur House, Shahajahan Road, New Delhi- 110 069. ..-Respondents (Advocate: Mr. A. Abdul Ajees, Fror RI & R2 Mr. M. Devendran, For R3 } 3 0f 10 ORAL ORDER
(Pronounced by Hon'ble Smt. Manjula Das, Member (J)) This OA has been filed by the applicant Under Section 19 of the Administrative Tribunals' Act 1985 seeking the following reliefs:-
"a) Call for the records pertaining to the notification No. E(GP)2015/3/4 of the 1 Respondent/Union of India Rep. by the Chairman & CEO Railway Board, New Delhi dated 20.02.2019 for the Induction Promotion Panel of Group 'B' officers of the Mechanical Engineering Department of India Railway to Group 'A' grade post of Junior time scale of IRSME for the vacancy year 2015-16 and set aside the same;
b) Direct the 1° Respondent/Union of India Rep. by the Chairman & CEO Railway Board New Delhi, to submit a revised proposal to the 3 Respondent/Secretary Union Public Service Commission, for the promotion of Group 'B' officer of IRSME for the vacancy year 2015-2016 by considering, the reservation roster for Group 'A' promotion and adding the applicants name;
c) Direct the 3 Respondent/Secretary Union Public Service Commission, New Delhi, to conduct a Departmental Promotion Committee for the vacancy year 2015-16 and promote the applicants to Group 'A' Junior Scale of IRSME with all consequential benefits of pay fixation, arrears of pay 4 of 10 and seniority.
d) Any other and additional orders as this Hon'ble Tribunal deems fit and necessary in the nature and circumstances of the case may be passed.
id The brief facts of the case as submitted by the applicants is as under:-
The applicants were joined as Group 'C' service in Integral Coach Factory, Chennai / 2™ Respondent's office. Subsequently promoted as AME Group-B. Now both the applicants are eligible to be promoted to Group-A level in the Junior Time Scale of Indian Railway Service (ERS). While forming Group A/Junior Scale Promotion panel for the vacancy year 2015-16, no roaster point was followed by the Respondents and panel was formed purely on seniority basis excluding the applicants' names, by violating the reservation policy for promotion by relying an order passed by Central Administrative Tribunal, Mumbai which has been nullified later by an order passed by the Hon'ble Supreme Court. The applicants made representations to the 1 Respondent. The representations of the applicants were not considered, therefore, they filed the instant OA seeking the aforesaid relief.
3. Respondents have filed reply. Respondents have stated in the reply that during the year 2016, UPSC were not accepting any fresh Departmental Promotion Committee (DPC) proposals for promotions in view of SLP No. 4831/2012 pending before the Hon'ble Supreme Court of India. Agarieved by the 5 of 10 delay in conducting the DPC meeting for induction to Group A/Jr. Scale of IRSME against vacancy year 2015-2016, Shri Joel Mckenzie & 6 Ors. (Group 'B' Officers of Mechanical Department) filed OA 276/2017 before the Hon'ble CAT, Mumbai. The said OA was disposed of by the Hon'ble Tribunal vide its order dated 19.12.2017 with the following directions:-
"In the circumstances, it is appropriate to adopt the decision of Hon'ble CAT, Ernakulam Bench as cited above in the present case and to direct the respondent Nos.1 (Secretary, Railway Board) & 2 (GM/CR) to immediately resubmit their proposals for promotion to respondent No.3 Secretary, UPSC, who shall, within four weeks, convene the DPC and consider all eligible persons without following reservation roster and decide on selections based on seniority and merit, in pursuance of the decision, rendered by Hon'ble Supreme Court in landmark case of M. Nagaraj & Ors V Union of India and Ors (AIR 2007 SC 71). Ifthe applicants as also others are found fit for promotion, they should be promoted w.e.f. the eligible date notionally and benefits calculated accordingly. The decision of the Hon'ble Apex Court in the above referred SLP".
It is further stated that the matter was subsequently discussed in a Joint Meeting on promotion so conferred shall, naturally be subject to the 12.01.2018 convened by UPSC with the representatives of Railway Board and i Department of Personnel & Trainmg (DOP&T) and accordingly a Writ Petition 6 of 10 (ST) No. 10009 of 2018 was filed before the Hon'ble High Court, Mumbai against the aforesaid orders of Hon'ble Tribunal. The same was dismissed by the Hon'ble High Court vide order dated 03.04.2018. It is stated that the matter was again discussed in a Joint Meeting convened by UPSC on 09.04.2018 with the representatives of Railway Board and DOP&T and accordingly a Petition for Special Leave to Appeal (C } No. 15387 of 2018 was filed in the Hon'ble Supreme Court. The same was however dismissed by the Hon'ble Apex Court vide order dated 22.10.2018 with the following remarks:-
"We are not inclined to interfere with the impugned judgement and order. Consequently, the special leave petition is dismissed. Pending application, If any, is also disposed of."
It is stated that in the meanwhile as UPSC had started receiving DPC proposals, the DPC proposal for promotion of eligible Group 'B' officers of Mechanical Department to Group 'A'/Junior Scale of IRSME for the vacancy year 2015-16 was prepared with breakup of vacancies between UR, SC & ST and submitted to UPSC on 10.10.2018. It is further stated that a Contempt Petition No. 210/6/2018 was filed in the matter of compliance of order dated 19.12.2017 of Hon'ble Tribuna., Mumbai wherein the Hon'ble Tribunal directed UPSC to resolve the dispute regarding proposal for promotion/induction in Group 'A' in Junior Scale of IRSME. It is stated that a joint meeting was convened by the UPSC on 15.01.2019 wherein it was decided that the subject DPC meeting shall be convened in accordance with 7 of 10 the judgement dated 19.12.2017 of the Hon'ble Tribunal, Mumbai without following reservation roster and Ministry of Railways was requested to resubmit their DPC proposal with just the normal zone of consideration and without giving break up of total vacancies. As such, the revised DPC proposal as decided in the joint meeting was submitted to UPSC on 16.01.2019. It is further stated that the UPSC conducted the DPC meeting for vacancy year 2015-16 on 05.02.2019 and the Minutes of the DPC was received in Railway Board's office on 06.02.2019. With the approval of the competent authority, notification for promotion of Group 'B' officers recommended by the DPC to Group 'A'/Jr. Scale of IRSME was issued
- on 20.02.2019. It is further stated that applicants preferred their representations to the Department on 02.03.2021 wherein it was alleged that panel! for promotion to Group 'a/Jr. Scale of IRSME for the VY 2015-16 was prepared without following the reservation roster. Due to violation of this reservation policy, they were excluded from the panel of IRSME for the VY 2015-16. The department has replied to the same vide its order dated 30.07.2021. It is stated that there were 129 officer I the 'zone of consideration' for aforesaid promotion to Group 'AYJr. Scale of IRSME for 84 vacancies for the VY 2015-16. The name of the applicants were figuring at S. No. 97 & 98 respectively. Out of these, 129 officers, the name of officers figuring at 8. No. 1 to 94 of "zone of consideration" were assessed and remaining officers including the applicants, came under NRTA (Not required to be © 8 of 10 assessed) category. Therefore the name of the applicants were not included in the panel for the year 2015-16.
4, it is further stated that after the issuance of O.M. dated 30.09.2016, the DOP&T vide its OM dated 15.06.2018 allowed to carry out promotions in accordance with the directions of the Hon'ble Supreme Court given in its order dated 17.05.2018 in SLP(C ) No. 30621/2011 and order dated 05.06.2018 in Special Leave to Appeal (C ) No. 28306/2017. Accordingly, UPSC started to conduct those DPC meetings in which the reserved category officers were likely to be promoted against the unreserved vacancies. That subsequently, the Department submitted a DPC proposal for promotion to Group 'A'/Jr. Scale of IRSME for the VY 2016-17 for 76 vacancies (UR-60, SC-11 & ST-05 ie. following the reservation roster). This DPC was held in UPSC on 11.01.2022 following the reservation roster in promotion. In this DPC, both the applicants belonging to SC category were recommended against un-reserved vacancies. Consequently they have been promoted by the Department to Group 'A'/Jr. Scale of IRSME for the VY 2016-17.
5. Heard Learned counsel for the applicant and Mr. Su. Srinivasan, Learned Sr. Standing Counsel who takes notice on behalf of the respondents.
6. Learned counsel for the applicants submit that the grievance of the applicants is that though they were eligible for Group -A post of Junior Time Scale () 9 of 10 of IRSME for the vacancy year 2015-2016, their cases were not considered in view of the pending disposal of a case for rule of reservation before the Hon'ble Supreme Court. However, they were promoted to the post of Group -A post of Junior Time Scale of IRSME for the vacancy year 2016-2017. "set.
7. Learned counsel for the respondents submits when the issue in the subject matter is being decided, the decision of the Hon'ble Supreme Court was not passed. Now, the Hon'ble Supreme Court dismissed the petition filed by the respondents. Learned counsel for the respondents further submits across the bar that the department is going for review of the DPC taking into account the case of the applicants who are eligible for the Group A post of Junior Time Scale of IRSME for the vacancy year 2015-2016.
8. It is seen from the reply filed by the UPSC ie. 3 respondent dated 20.09.2021 that Department submitted a DPC proposal for promotion to Group A/ Jr. Scale of IRSME for the VY 2016-17 for 76 vacancies (UR-60, SC-11 & ST-05) i.e. following the reservation roster). The DPC was held in UPSC on 11.01.2022 following the reservation voster in promotion. In this DPC, both the applicants belonging to SC category were recommended against un-reserved vacancies. Consequently they have been promoted by the Department to Group 'A'/Jr. Scale of IRSME for the VY 2016-17. It is further drawn our attention to the Annexure R6 of the reply where the Director, Estt. (GP), Railway Board, New Deihi addressed a ~~ 10 of 10 letter dated 17.05.2021 to the National Commission for Scheduled Castes, New Delhi with regard to grievance of the applicants.
9, Since the department is going for review the DPC taking into account the case of the applicants who are eligible for the Group A post of Junior Time Scale of IRSME for the vacancy year 2015-2016 and, therefore, keeping the O.A. pending is not at all desirable, ends of justice would be met if the O.A. is disposed of by directing the respondents to convene review DPC for the promotion to Group 'ASr, Scale of IRME held for the vacancy years 2015-2016 as was done in the DPC held on 11.01.2022 for the vacancy year 2016-2017 and if the offiicals are found fit, appropriate orders amy be passed along with others as expeditiously as possible. Ordered accordingly.
10. The 0.A fistisposed of accordingly. No costs.