Document Fragment View

Matching Fragments

HONBLE MRS. RAJWANT SANDHU, MEMBER (A)

1. This Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:-

8 (i) The impugned order / instructions dated 20.07.2010 (Annexure A-1) passed by respondent no. 2 be quashed and set-aside in the interest of justice.

ii) The respondents be directed to fill the post of Chargeman (Non-Technical / Stores) by providing 3% reservation to Physically Handicapped persons.

iii) It be declared that pursuant to merger of the posts of Chargeman Grade-I (Non-Technical / Stores) and Chargeman Grade-II (Non-Technical / Stores) into single grade of Chargeman (Non-Technical / Stores) having pay scale of Rs.9300-34800 with GP of Rs.4200 (PB-2) the applicant is eligible for promotion from the post of Supervisor (Non-Technical / Stores) to the post of Chargeman (Non-Technical / Stores) w.e.f. 01.04.2011, he having completed 03 years of service in the feeder cadre of Supervisor (Non-Technical / Stores).

2. Averment has been made in the OA that the applicant who is having the qualification of B.Sc. is an Othopeadically Handicapped person having 80% disability, as per Certificate dated 17.01.2001 (Annexure A-20). The applicant joined the respondent Department as Storekeeper on 01.07.2004 and became Supervisor / Non-Technical Stores on 01.04.2008 (Annexure A-21 and A-22). The next channel of promotion from the post of Supervisor / Non-Technical Stores is to that of Chargeman Grade-II / Non-Technical Stores. In the year 2009, the Ministry of Defence merged w.e.f. 01.01.2006, the posts of Chargeman Grade-II (Non-Technical/Stores) and Chargeman Grade-I (Non-Technical/Stores) into single grade of Chargeman (Non-Technical/Stores) having pay scale of Rs.9300-34800 with GP of Rs.4200 (PB-2). As such the applicant being Supervisor (Non-Technical/Stores) became eligible for promotion to the Chargeman (Non-Technical/Stores) w.e.f. 01.04.2011 on completing 3 years of service w.e.f. 01.04.2008. Respondent no.2 vide letter dated 20.07.2010 decided to make promotion to the post of Chargeman (Technical) and Chargeman (Non-Technical/Stores) for the year 2010-11 by holding DPC for both existing and resultant vacancies. But respondent no.2 arbitrarily laid that the persons belonging to feeder post(s) should have 06 years of qualifying service. Further, no 3% mandatory reservations was provided to Physically Handicapped category in the matter of promotion to the post of Chargeman (Technical) as well as (Non-Technical/Stores) (Annexure A-1).

3. It is further stated that the persons belonging to Physically Handicapped category are entitled to 3% reservation in the promotional post where the element of direct recruitment does not exceed 75%. A separate 100 point register is to be maintained by the Heads of Department, divided into three blocks, i.e. 1-33, 34-66, 67-100. Points 1, 34, 67 are to be earmarked in Roster of reservation for Physically Handicapped (PH). In case of unfilled reserved vacancies, these are to be carried forward to the next block in the same year first and thereafter to the three subsequent years. The Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training (DOPT) vide OM dated 16.01.1998 issued corrigendum to the OM dated 18.02.1997 to the effect that the reservation in promotion is to be provided for Physically Handicapped in all groups and it is applicable in all grades and services(Annexure A-17 & A-18). In the seniority list of Supervisor (NT Stores) as on 01.01.2014, the name of the applicant figures at Sl No.2 as Physically Handicapped amongst the 05 Supervisors (NT Stores). He is the only Physically Handicapped person and others include 01 belonging to SC category and 03 belonging to General category. There are no Visually Handicapped (VH) and Hearing Handicapped (HH) persons (Annexure A-12).

4. It is further stated that respondent no.1 vide letter dated 26.03.2014 asked the quarters concerned in Ordnance and Ordnance Equipment Factories to furnish information in respect of Group B (for Chargeman and equivalent) and C posts identified for Physically Handicapped (PH) in all cadres (Annexure A-8). The applicant again requested the respondents to fill the vacant post of Chargeman / NT Stores through promotion and provide 3% Physically Handicapped Promotion Reservation and promote him as such he being eligible and having right of promotion as per Roster Points No.1, 34, 67 reserved for Physically Handicapped persons. But no response had been given by the respondents. Copies of representations dated 28.11.2013, 19.02.2014, 28.03.2014 and 04.06.2014 are annexed as Annexure A-4, A-5, A-6 and A-7 respectively. The applicant has come to know that the respondents are filling the posts of Chargeman (Non-Technical/Stores) without providing 3% reservation in the promotion to the Physically Handicapped persons like the applicant and without considering the applicant on the plea that the post of Chargeman is Group B and there is no reservation in promotion for Physically Handicapped in Group B posts. Hence this O.A.