M. Surendran,s/O Raghavan Vs. Union of India Represented by the General Manager, Southern Railway, Chennai and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/940115
CourtCentral Administrative Tribunal CAT Ernakulam
Decided OnJun-07-2010
Case NumberO.A.No.301 OF 2008
JudgeHONOURABLE MR. JUSTICE K. THANKAPPAN, JUDICIAL MEMBER & HONOURABLE MRS. K. NOORJEHAN, ADMINISTRATIVE MEMBER
AppellantM. Surendran,s/O Raghavan
RespondentUnion of India Represented by the General Manager, Southern Railway, Chennai and Another
Advocates:For the Appellant: Sri T.A.Rajan, Advocate. For the Respondent: Mr.Thomas Mathew Nellimoottil, Advocate.
Excerpt:
the applicant has filed this original application for a direction to the respondents to promote him to the post of technician grade iii(ac) and technician grade ii(ac) from the dates of promotion of his junior sri rajendran, on declaring that the applicant is entitled to be promoted to the post of technician grade iii(ac) and technician grade ii(ac). 2. the few facts of the case are as follows. the applicant is now working as technician grade iii(ac) under the respondents. the seniority of the applicant in the cadre of air conditioning khalasi was not fixed for want of clarification from the chief personnel officer, southern railway, chennai. however, the applicant was given seniority in the cadre of ac khalasi with effect from 26.10.1988. in the mean while his juniors were promoted to the post of technician grade iii(ac) prior to the promotion of the applicant to that grade. his juniors were given also given further promotion to technician grade ii(ac).hence the applicant filed a representation and also o.a.no.409/07. the said representation has been disposed of by the second respondent to the effect that since the o.a no.392/05 is pending, his case cannot be considered for the time being. however the said o.a. 392/05 has been dismissed by this tribunal upholding the order giving relaxation to all the candidates for reckoning their seniority in the cadre of khalasi(ac) with effect from 26.10.1988. if so, the applicant is entitled for such promotion along with his juniors or at least from the date of promotion given to his juniors. hence this o.a. has been filed with the prayers as stated above. however, this tribunal heard this o.a. on 15th day of october, 2009 and this tribunal dismissed the o.a. on the ground that the o.a. is barred by limitation. against the said order passed by this tribunal, the applicant filed r.a. no.50/09 and this tribunal heard the r.a. on 2nd february, 2010 and allowed the r.a. and reposted the o.a. for rehearing. thus the o.a. came up for hearing. 3. the case of the applicant as stated in the o.a. is that as the applicant's seniority in khalasi(ac) cadre has been reckoned with effect from 26.10.1988 by giving exemption from passing the required educational qualification for promotion to the next higher cadre and as per the order passed by the third respondent, the seniority of all other candidates who were working as khalasi has been also reckoned by the order passed with effect from 26.10.1988. however as the applicant has not been considered for his seniority, he approached this tribunal by filing the earlier o.a. viz. o.a.no.409/07 and the said application has been considered by this tribunal and directed the respondents to consider the claim of the applicant by giving an answer to his representation annexure a7 marked therein. however on implementation of the said order passed by this tribunal, the respondents had answered that the seniority assigned to the applicant and similarly situated persons in the ac wing was under challenge in o.a. no.392/05. hence on account of the pendency of the said o.a. filed by other officials the representation of the applicant can be considered later. now the applicant submits that the said o.a. has been disposed of by this tribunal, confirming relaxation given and also the seniority reckoned by the order passed by the third respondent. hence the counsel for the applicant submits that the applicant is entitled for his promotion to the post of technician grade iii and technician grade ii (ac) with effect from the date of promotion of his juniors. 4. resisting the above contention, the counsel appearing for the respondents, relying on the reply statement filed on behalf of the respondents, submitted that as the order passed by the third respondent assigning the seniority of similarly placed persons in ac wing in the cadre of khalasi(ac) has been challenged in o.a. no.392/05, the respondents were not in a position to consider the case of the applicant. however in the reply statement the respondents have taken a stand that for promotion to the post of a/c coach maintainer gr.iii or the present post renamed as technician gr. iii, the applicant should have a minimum qualification of s.s.l.c pass which was prescribed for electrical khalasi as well as ac coach maintainer gr.iii. since the applicant was working as a helper khalasi in the electrical department and the applicant had though passed the suitability test for ac khalasi and the applicant was absorbed in regular ac khalasi, as he has not passed the s.s.l.c. qualification, he was not given the promotion along with other similarly situated persons. however, it is admitted in the reply statement that by the order passed by the third respondent, an exemption was given to those khalasi helpers or ac khalasis from passing the educational qualification and their seniority in ac khalasi has been reckoned with effect from 26.10.1988 and that apart since the relaxation given by the third respondent was under challenge, the representation filed by the applicant for reckoning of his seniority with effect from 26.10.1988 on absorption in the ac wing could not be ordered on account of the pendency of the said o.a. 5. we have considered the arguments of the counsel appearing for the parties and also perused the documents produced before this tribunal. it is an admitted fact before this tribunal that the applicant was originally appointed as a temporary khalasi in the ac wing as per annexure a2 order with effect from 11.4.1986 and thereafter the applicant was absorbed as a regular khalasi and posted in the electrical wing as on 31.12.88 and thereafter he was absorbed or transferred in the ac wing on 7.7.89. as per annexure a5 order all the khalasis working in the electrical wing were absorbed in the ac wing and their seniority has been considered by the third respondent and as per the order passed by him, their seniority in the ac khalasi has been reckoned with effect from 26.10.1988 by giving a relaxation to the passing of s.s.l.c. if so, it is inevitable on the part of the respondents to consider the seniority of the applicant with effect from 26.10.1988. the next question to be considered is that all other similarly placed persons were promoted to the post of technician gr.iii and technician gr.ii, if so, the exemption given to the applicant and has been considered along with other candidates by the third respondent and the third respondent reckoned the seniority of all such employees including the applicant with effect from 26.10.88. even though some of the juniors were qualified for promotion as the rules stood then, as the exemption granted to the applicant and similarly placed persons, is applicable to him and it is only proper for the respondents to consider the promotion of the applicant vis-a-vis that of promotion given to his juniors especially to sri rajendran. in the above circumstances, we are of the view that the o.a. succeeds. accordingly, we direct the respondents to reconsider the case of the applicant and shall pass appropriate orders allowing his claim to the extent applicable to his promotion with effect from the date of promotion given to his juniors. all this exercise shall be completed within sixty days from the date of receipt of a copy of this order. the o.a. is allowed to the extent indicated. no order as to costs.
Judgment:

The applicant has filed this Original Application for a direction to the respondents to promote him to the post of Technician Grade III(AC) and Technician Grade II(AC) from the dates of promotion of his junior Sri Rajendran, on declaring that the applicant is entitled to be promoted to the post of Technician Grade III(AC) and Technician Grade II(AC).

2. The few facts of the case are as follows. The applicant is now working as Technician Grade III(AC) under the respondents. The seniority of the applicant in the cadre of Air conditioning Khalasi was not fixed for want of clarification from the Chief Personnel Officer, Southern Railway, Chennai. However, the applicant was given seniority in the cadre of AC Khalasi with effect from 26.10.1988. In the mean while his juniors were promoted to the post of Technician Grade III(AC) prior to the promotion of the applicant to that grade. His juniors were given also given further promotion to Technician Grade II(AC).Hence the applicant filed a representation and also O.A.No.409/07. The said representation has been disposed of by the second respondent to the effect that since the O.A No.392/05 is pending, his case cannot be considered for the time being. However the said O.A. 392/05 has been dismissed by this Tribunal upholding the order giving relaxation to all the candidates for reckoning their seniority in the cadre of Khalasi(AC) with effect from 26.10.1988. If so, the applicant is entitled for such promotion along with his juniors or at least from the date of promotion given to his juniors. Hence this O.A. has been filed with the prayers as stated above. However, this Tribunal heard this O.A. on 15th day of October, 2009 and this Tribunal dismissed the O.A. on the ground that the O.A. is barred by limitation. Against the said order passed by this Tribunal, the applicant filed R.A. No.50/09 and this Tribunal heard the R.A. On 2nd February, 2010 and allowed the R.A. and reposted the O.A. for rehearing. Thus the O.A. came up for hearing.

3. The case of the applicant as stated in the O.A. is that as the applicant's seniority in Khalasi(AC) cadre has been reckoned with effect from 26.10.1988 by giving exemption from passing the required educational qualification for promotion to the next higher cadre and as per the order passed by the third respondent, the seniority of all other candidates who were working as Khalasi has been also reckoned by the order passed with effect from 26.10.1988. However as the applicant has not been considered for his seniority, he approached this Tribunal by filing the earlier O.A. viz. O.A.No.409/07 and the said application has been considered by this Tribunal and directed the respondents to consider the claim of the applicant by giving an answer to his representation Annexure A7 marked therein. However on implementation of the said order passed by this Tribunal, the respondents had answered that the seniority assigned to the applicant and similarly situated persons in the AC wing was under challenge in O.A. No.392/05. Hence on account of the pendency of the said O.A. filed by other officials the representation of the applicant can be considered later. Now the applicant submits that the said O.A. has been disposed of by this Tribunal, confirming relaxation given and also the seniority reckoned by the order passed by the third respondent. Hence the counsel for the applicant submits that the applicant is entitled for his promotion to the post of Technician Grade III and Technician Grade II (AC) with effect from the date of promotion of his juniors.

4. Resisting the above contention, the counsel appearing for the respondents, relying on the reply statement filed on behalf of the respondents, submitted that as the order passed by the third respondent assigning the seniority of similarly placed persons in AC wing in the cadre of Khalasi(AC) has been challenged in O.A. No.392/05, the respondents were not in a position to consider the case of the applicant. However in the reply statement the respondents have taken a stand that for promotion to the post of A/C Coach Maintainer Gr.III or the present post renamed as Technician Gr. III, the applicant should have a minimum qualification of S.S.L.C pass which was prescribed for Electrical Khalasi as well as AC Coach Maintainer Gr.III. Since the applicant was working as a Helper Khalasi in the Electrical Department and the applicant had though passed the suitability test for AC Khalasi and the applicant was absorbed in regular AC Khalasi, as he has not passed the S.S.L.C. qualification, he was not given the promotion along with other similarly situated persons. However, it is admitted in the reply statement that by the order passed by the third respondent, an exemption was given to those Khalasi Helpers or AC Khalasis from passing the educational qualification and their seniority in AC Khalasi has been reckoned with effect from 26.10.1988 and that apart since the relaxation given by the third respondent was under challenge, the representation filed by the applicant for reckoning of his seniority with effect from 26.10.1988 on absorption in the AC wing could not be ordered on account of the pendency of the said O.A.

5. We have considered the arguments of the counsel appearing for the parties and also perused the documents produced before this Tribunal. It is an admitted fact before this Tribunal that the applicant was originally appointed as a temporary Khalasi in the AC wing as per Annexure A2 order with effect from 11.4.1986 and thereafter the applicant was absorbed as a regular Khalasi and posted in the Electrical wing as on 31.12.88 and thereafter he was absorbed or transferred in the AC wing on 7.7.89. As per Annexure A5 order all the Khalasis working in the Electrical wing were absorbed in the AC wing and their seniority has been considered by the third respondent and as per the order passed by him, their seniority in the AC Khalasi has been reckoned with effect from 26.10.1988 by giving a relaxation to the passing of S.S.L.C. If so, it is inevitable on the part of the respondents to consider the seniority of the applicant with effect from 26.10.1988. The next question to be considered is that all other similarly placed persons were promoted to the post of Technician Gr.III and Technician Gr.II, if so, the exemption given to the applicant and has been considered along with other candidates by the third respondent and the third respondent reckoned the seniority of all such employees including the applicant with effect from 26.10.88. Even though some of the juniors were qualified for promotion as the rules stood then, as the exemption granted to the applicant and similarly placed persons, is applicable to him and it is only proper for the respondents to consider the promotion of the applicant vis-a-vis that of promotion given to his juniors especially to Sri Rajendran. In the above circumstances, we are of the view that the O.A. succeeds. Accordingly, we direct the respondents to reconsider the case of the applicant and shall pass appropriate orders allowing his claim to the extent applicable to his promotion with effect from the date of promotion given to his juniors. All this exercise shall be completed within sixty days from the date of receipt of a copy of this order. The O.A. is allowed to the extent indicated. No order as to costs.