w w w . L a w y e r S e r v i c e s . i n



Montu Lal Das Gupta V/S The Union of India, Represented by the Secretary, to the Government of India, Ministry of Health, New Delhi & Others


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Company & Directors' Information:- R. K. GUPTA AND COMPANY INDIA PRIVATE LIMITED [Active] CIN = U74899DL1993PTC052138

Company & Directors' Information:- B R GUPTA AND COMPANY PRIVATE LIMITED [Active] CIN = U63013DL2000PTC107343

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    Original Application Nos. 043/00221 of 2016 & 043/00134 of 2018

    Decided On, 13 November 2019

    At, Central Administrative Tribunal Guwahati Bench Guwahati

    By, THE HONORABLE JUSTICE: L. NARASIMHA REDDY
    By, CHAIRMAN AND THE HONORABLE JUSTICE: NEKKHOMANG NEIHSIAL
    By, ADMINISTRATIVE MEMBER

    For the Petitioner: M. Chanda & U. Dutta, Advocates And For the Respondents: S.K. Ghosh, R. Hazarika, Addl. C.G.S.C



Judgment Text


1. Both the OAs, filed by the same applicant, are heard together and being disposed of by this common order.

2. For the post of Staff Car Drivers (SCD in short) in the Ministries of Central Government, the scheme, for promotion was framed through OM dated 30.11.1993 issued by the Ministry of Personnel, Public Grievances and Pensions, DoP&T. According to this, the cadre will comprise of 3 categories, namely as under:-

Sl.NoNomenclaturePay Scale
1.SCD Ordinary GradeRs.950-1500
2.SCD Grade IIRs.1200-1800
3.SCD Grade IRs.1300-2040


The method of promotion was also indicated in para 2.3 of the said OM. According to this, a SCD Ordinary Grade with 9 years of regular service in Ordinary Grade would be eligible to be promoted as SCD Grade II, and SCD Grade II with 6 years of regular service in Grade II, would become eligible for promotion to Grade I. This promotion is subject to clearing trade test, conducted for the purpose, at various levels.

3. In OA. 2529/1996, the Principal Bench of the Tribunal issued certain directions for promotion to the post of SCDs, in Railways. On the basis of such directions, the DoPT issued OM dated 15.02.2001. In addition to the existing 3 grades mentioned above, Special Grade with Pay Scale of Rs.5000-8000 was created. The feeder category for promotion for that post was indicated as SCD in Grade I, with 3 years service. The percentage of all the 4 categories, referred to above, in the entire establishment of SCD was 30, 30, 35 and 5 respectively.

4. The applicant joined the service as SCD Ordinary Grade in the year 1986. Through an order dated 05.05.2015, he was promoted to the post of SCD Grade II w.e.f. 08.11.1996. To this extent the applicant does not have any grievance. The promotion to SCD Grade I was subject to clearance of trade test. The test was conducted in 2012 and the applicant did not clear the same. His junior one Sri L Rumnong cleared it and he was promoted from SCD Ordinary Grade to SCD Grade II w.e.f. 08.11.1996, and from SCD Grade II, to SCD Grade I w.e.f. 04.08.2002. The applicant cleared the trade test in the year 2014. Through an order dated 26.02.2015, he was promoted to the post of SCD Grade I w.e.f. 01.01.2015.

5. OA No.221/2016 is filed challenging the action of the respondents in not promoting the applicant to the post of SCD Grade II, with effect from the date on which he completed 15 years of service ever since he joined duty. Applicant’s contention is that while Sri L Rumnong and various other drivers like Sri B.K. Behera were promoted simultaneously to the post of SCD Grade II and SCD Grade I and in some cases to Special Grade also, similar treatment was not extended to him. In the other OA, i.e., 134/2018, the applicant prayed for a direction to the respondents to review and consider his promotion to the post of SDC Special Grade in the pay scale of Rs.5000-8000 with immediate effect, with all consequential benefits; in terms of provision contained in DoPT OM dated 15.02.2001. According to him, his junior namely Sri S B Dev, SCD Grade I had already been promoted to Special Grade in supersession of his seniority, and he is entitled for such a relief.

6. The applicant further submitted that the stand taken by the respondents from time to time had resulted in application of different criteria and that injustice was melted to him.

7. The respondents have filed detailed written statements in both the OAs. It is stated that applicant became eligible to be promoted as SCD Grade I only on clearing the trade test in 2014 and soon thereafter, he was promoted. As regards fixation of dates namely 01.01.2015, it is stated that vacancy for the post arose only on 01.01.2015 and against such vacancy applicant was promoted. As to the claim in OA. 134/2018, the respondents stated that there is no vacant post of Special Grade, and there is no question of taking up any exercise in that behalf when vacancy is available.

8. These are the third rounds of litigation. Earlier, applicants made endeavour to get promoted as SCD Grade II.

9. We heard Mr. M. Chanda, learned counsel for the applicants and Mr S K Ghosh, learned Addl. CGSC and Mr. R Hazarika, learned Addl. C.G.S.C in OA.221/16 and 134/2018 respectively for the respondents.

10. On perusal of records, we find that the respondents did not follow the procedure prescribed in the context of promotion to the drivers to various categories and in the process the OM dated 30.11.1993 and 15.02.2001 issued by the DoPT were observed in breach.

11. The hierarchy for the post of SCDs in the respective departments was fixed by the DOPT as mentioned above. Three categories, comprising of SCD Ordinary Grade,SCD Grade II and SCD Grade I were indicated. In the light of the orders passed by the Principal Bench in OA. 2529/1996, the DoPT created four stages of promotion to the post of SCDs through OM dated 05.02.2001. The structure was indicated as under:-

'3. A new Grade for Staff Car Drivers to be called 'Special Grade' shall be introduced in the scale of pay of Rs.5000-8000/- with effect from 8.11.1996.

4. Promotion to the Special Grade shall be by non-selection (seniority-cum-fitness) from Grade I with 3 years regular service in Grade I of Staff Car Drivers. The revised ratio in which the posts of Staff Car Drivers shall be placed in different grades of Staff Car Drivers shall be as follows:-

S.NoGradePay ScalePercentage
1.Ordinary GradeRs.3050-459030
2.Grade-IIRs.4000-600030
3.Grade-IRs.4500-700035
4.Special GradeRs.5000-80005


From the above, it is clear that SCD Grade I, who has completed three years of regular service in the said Grade shall become eligible for promotion to Special Grade. The percentage of cadre as indicated above has led to fixation of the number of posts in the organization, where the applications are employed, as under:-

Sl.NoGradePay ScalePercentageTotal No. of Posts
1Ordinary GradeRs.3050-4590304
2Grade-IIRs.4000-6000304
3Grade-IRs.4500-7000355
4Special GradeRs.5000-800051


From the combined reading of the 2 OMs dated 30.11.1993 and 15.02.2001 it becomes clear that promotion shall be dependent (a) on completion of residency period in the respective category; (b) on clearing the stipulated trade test; and (c) on existence of the vacancy in the higher post.

12. When there is clear stipulation of residency period in both the OMs, the respondents have strangely enough passed orders promoting certain employees to all the three grades in one stroke. In case of Shri B K Behera, the respondents have passed the order dated 05.05.2015, relevant portion of which is extracted as under:-

'As recommended by the D.P.C. meeting held on 12.02.2015, Director, NVBDCP, Delhi is pleased to promote Shri B K Behra, Driver Ordinary Grade at Bhubaneshwar to the post of Driver-Grade II w.e.f. 08.11.1996 in the Pay Band-II of Rs.5200-20200 + GP-Rs.2400, to the post of Driver-Grade-I w.e.f. 08.11.1996 in the Pay Band-II of Rs.5200-20200 + GP-Rs.2800 and to the post of Driver Special Grade w.e.f. 08.11.1999 in the Pay Band-II of Rs.9300-34800 + GP-Rs.4200 at Bhubaneshwar.'

The order discloses that Sri Behra was promoted to (a) from Ordinary Grade to Grade II, (b) from Grade II to Grade I, and (c) from Grade I to Special Grade through the same order, may be with effect from different dates. It is not understood as to how residency period for each stage of promotion can be ignored. Similar exercise was undertaken in respect of other employees, who were promoted to two stages, at a time.

13. The applicant was promoted from Grade II to Grade I w.e.f. 01.01.2015. In reply to the allegation made by the applicant that he was discriminated in the matter of promotion while other similarly situated employees were promoted from the dates on which they completed 15 years of service, the respondents stated in their written statement that vacancy in Grade II was not available to accommodate the applicant and it arose only on 01.1.2015 on retirement of driver Grade I posted at Hyderabad. The applicant is not able to place the exact vacancy position before us. However, he does have a genuine heartburn when other similarly situated employees were granted three promotions at a time, that too with retrospective effect in different stages. In case of applicant, the only promotion given to him was made to operate prospectively. We are of the considered view that the respondents need to address the grievance of the appli

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cant vis-à-vis other similarly placed drivers comprehensively. 14. We, therefore, dispose of the two OAs directing the respondents to review the orders of promotion issued to various drivers in the recent past on the touchstone of (a) residency period as per DoPT OMs dated 30.11.1993 and 15.02.2011; (b) clearance of the trade test; and (c) availability of vacancies in the respective categories. In the process, if there is change in seniority of drivers, it shall be done by issuing notice to the affected employees. The exercise shall be completed within a period of three months from the date of receipt of this order. 15. The applicant has also ventilated his grievances that he has not been granted financial upgradation under the MACP in the Grade Pay of Rs.4200, even while such benefits were granted to his junior namely Shri P Jena. We do not propose to deal with the same in detail, now. However, while undertaking the exercise, as directd above, the respondents shall also address the issue pertaining to MACP.
O R







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