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



Ratul Das v/s The Union of India, Represented by the Secretary to the Government of India, New Delhi & Others


Company & Directors' Information:- G DAS & CO PVT LTD [Active] CIN = U74992WB1935PTC008299

Company & Directors' Information:- DAS & CO PVT LTD [Strike Off] CIN = U72100AS1946PTC000740

Company & Directors' Information:- K C DAS PVT LTD [Active] CIN = U15433WB1946PTC013592

Company & Directors' Information:- D K DAS & CO PVT LTD [Active] CIN = U51909WB1938PTC009288

Company & Directors' Information:- U C DAS & CO PVT LTD [Active] CIN = U31200WB1987PTC042709

Company & Directors' Information:- DAS & DAS PVT LTD [Strike Off] CIN = U51109WB1950PTC019222

Company & Directors' Information:- A S DAS CO PVT LTD [Strike Off] CIN = U51109WB1957PTC023552

Company & Directors' Information:- DAS-G INDIA PRIVATE LIMITED [Active] CIN = U24304DL2020PTC370609

Company & Directors' Information:- P K DAS & CO PVT LTD [Strike Off] CIN = U74210WB1955PTC022259

    Original Application No. 040/00140 of 2017

    Decided On, 11 September 2020

    At, Central Administrative Tribunal Guwahati Bench Guwahati

    By, THE HONOURABLE MRS. MANJULA DAS
    By, JUDICIAL MEMBER & THE HONOURABLE MR. N. NEISIAL
    By, ADMINISTRATIVE MEMBER

    For the Applicant: A. Ahmed, R.R. Rajkumari, D. Goswami, T. Deka, Advocates. For the Respondents: None.



Judgment Text

Manjula Das, Judicial Member:1. This O.A. has been filed by the applicant under Section 19 of the Administrative Tribunal Act, 1985 with the following reliefs:“8.1 To promote the applicant into the post of Refrigerator Mechanic (SK) as he has passed the requisite Trade Test on 27.01.2015 and same was published vide promotion list dated 04.02.2017 for the Trade wise post of SK in respect of Industrial Personnel of CWE (AF), Borjhar year 2010 to 2016 by the Respondent No.3 i.e. Commander of works Engineer (AF) Borjhar, Guwahati.8.2 To pass any other appropriate relief(s) to which the applicant may be entitled and as may be deem fit and proper by the Hon’ble Tribunal.8.3 To pay the cost of the Application.”2. Brief facts narrated by the applicant are that the applicant was appointed as Mazdoor on 01.11.2003 in the office of the respondent No.3 and passed Trade Test from Mazdoor to Mate (Semi Skilled) (in short SSK). Presently, he is working as Mate Refrigerator Mechanic (SSK) and submitted his willingness certificate before the competent authority to appear into the Trade Test for promotion to the post of Refrigerator Mechanic (Skilled) (in short SK). The applicant appeared in Trade Test for the post of Refrigerator Mechanic (SK) on 23.12.2014 and was declared passed by the competent authority on 27.01.2015. The promotion order for the Trade wise post of SK in respect of Industrial Personnel of CWE (AF) Borjhar for the year 2010 to 2016 was published by the respondent No.3 on 04.02.2017. In the said promotion list from Mate Refrigerator Mechanic (SSK) to Refrigerator Mechanic (SK) in the year 2010 to 2016 the name of the applicant appeared against serial No.4. However, subsequently the name of the applicant was dropped by the respondent No.4 from the list dated 03.04.2017 in spite he has been promoted to the post of Refrigerator Mechanic (SK) vide letter dated 04.02.2017. Being aggrieved, the applicant has submitted an application dated 21.01.2017 before the respondent No.4 with a request to verify the PTO No.14 why his name has not been included in the said promotion order dated 03.04.2017. According to the applicant, the respondents have not yet responded to the said application.3. Sri A. Ahmed, learned counsel for the applicant was present. However, Mrs G. Sutradhar, learned Addl. CGSC for the respondents was absent.4. This matter is pending since 2017 and on so many occasions learned Addl. CGSC for the respondents was not present before the court i.e. on 31.10.2017, 08.12.2017, 12.01.2018, 30.01.2018, 09.03.2018, 27.04.2018, 06.02.2019, 08.03.2019, 12.04.2019, 09.07.2019, 28.11.2019, 11.12.2019 and 07.01.2020. As the matter is long pending and this Tribunal is setup for speedy disposal of the Central Government employees, we deem fit and proper to hear and dispose of the matter. Accordingly, the matter was heard on 27.02.2020 and reserved for orders.5. The main planks of the arguments advanced by Sri A. Ahmed, learned counsel for the applicant are that the applicant is eligible for next promotion to the post of Refrigerator Mechanic (SK) as he has already passed the requisite Trade Test conducted by the respondents. Moreover, his name appeared in the promotion list dated 04.02.2017 for the Trade wise post of SK in respect of industrial personnel of CWE (AF), Borjhar in the year 2010 to 2016.6. According to the learned counsel, the applicant has submitted his willingness certificate before the competent authority to appear into the Trade Test promotion of Refrigerator Mechanic (SK). The said willingness certificate was duly recommended by the authority and allowed him to appear in the Trade Test to the post of Refrigerator Mechanic (SK). Accordingly, the applicant appeared and passed in the said Trade Test successfully. The respondent No. 3 i.e. the commander of works Engineer Air Force, Borjhar vide letter dated 04.02.2017 has published the promotion order to the post of Refrigerator Mechanic (SK) along with other selected candidates. The similarly situated employees situated employees who have passed the Trade Test for different categories have already been promoted to the next higher grade. Learned counsel contended that the respondents had adopted pick and choose policy amongst the similarly situated persons. The respondents being a model employer cannot deny the similar benefits to the applicant without any cause or causes. Learned counsel, therefore, submitted that the respondent’s action towards the applicant is arbitrary, mala-fide and discriminatory with an ill motive only to deprive the applicant from getting his legitimate claims.7. The respondents had filed their written statement to the O.A. through Mrs G. Sutradhar, learned Addl. CGSC on 07.12.2017.8. The respondents in para 19 of the written statement categorically stated that the applicant had opted for his line of promotion from Mazdoor to Mate Pipe Fitter (SSK) and duly passed the Trade Test for the same Trade on 09.11.2009. The applicant had also passed Trade Test from Mate Pipe Fitter (SSK) to Pipe Fitter (SK) vide order dated (02.01.2012. As such, the applicant was apparently mis guided to submit willingness for appearing in Trade Test of Refrigerator Mechanic (SK) even though passed the Trade Test of Pipe Fitter (SK) which is not in order as per existing policy.9. The respondents further in para 8 of the written statement stated that the promotion order though issued as per passing of Trade Test for Refrigerator Mechanic (SK) as well as seniority list of Refrigerator Mate, but as and when fact has come to knowledge about the actual Trade of the applicant, the promotion order was stopped/cancelled immediately as per CWE (AF) Borjhar letters dated 24.03.2017 and 20.06.2017.10. Heard learned counsel for the applicant. Perused the pleadings and materials placed before us. The issue involved in the present case for promotion of the applicant to the post of Refrigerator Mechanic (SK) after passing the Trade Test held on 27.01.2015 and published the promotion list vide order dated 04.02.2017. The applicant herein was originally appointed as Mazdoor on 01.11.2003 under the office or the respondent No 3. Thereafter, after passing of the Trade Test for next promotion, the applicant was appointed as Mate Pipe Fitter vize GE(AF) Borjhar dated 30.05.2011.11. The applicant in his application stated that presently he is working as Mate Refrigerator Mechanic (SSK) in the office of Garrison Engineer (Air Force) Borjhar. However, the respondents stated that the applicant is working as Mate Pipe Fitter instead of Refrigerator Mechanic.12. The main grievance of the applicant is that though the applicant appeared and passed Trade Test for promotion from the post of Refrigerator Mechanic (SSK) to the post of Refrigerator Mechanic (SK) but his name has been dropped from the list dated 03.04.2017 without disclosing any reasons. The respondent authorities vide their written statement in paras 6 & 8 categorically stated that the applicant opted for promotion from Mazdoor to Mate Pipe Fitter (SSK) duly passed Trade Test for same next Trade vide PTO No.45/31/2009 order dated 09.11.2009. The applicant had also passed the Trade Test from Mate Pipe Fitter (SSK) to Pipe Fitter (SK) vide order dated 02.01.2012.13. To substantiate the statement made by the respondents, the document annexure-3 has been annexed by them as a proof of evidence that the applicant appeared in the Trade Test for promotion to Pipe Fitter (SK) where the applicant passed the Trade Test held on 30.09.2011.14. The department in their written statement in para 8 took a stand by countering the statement made by the learned counsel for the applicant as well as para 4.6 of the O.A. and stated that the promotion to the post of Refrigerator Mechanic (SK) was issued as par passing of Trade Test as well as seniority list of Refrigerator Mechanic but as and when fact has came to knowledge about actual Trade of the applicant, the promotion order of the applicant was stopped/cancelled immediately as par CWE (AF) Borjhar dated 24.03.2017 and 20.06.2017.15. In the present case, the applicant has already availed the promotional avenue from Mazdoor to Mate Pipe Fitter (SSK) and appeared in the Trade Test fir Pipe Fitter (SK) where he passed the Trade Test on 02.01.2012. The applicant also appeared in the Trade Test of Refrigerator Mechanic (SK) by submitting willingness certificate which was countersigned by Assistant Engineer E/M in the office of the Assistant Garrison Engineer, E/M (AF). Even, Garrison Engineer (AAF) Borjhar vide letter dated 20.12.2014 has forwarded the nominal roll of the applicant for inclusion for the Trade Test for SSK to SK Refrigerator Mechanic before the presiding officer in the office of the Command Works Engineer (CWE) Air Force, Borjhar. Thereafter, the applicant appeared in Trade Test held on 23.12.2014 and declared passed by the competent authority in the test for Refrigerator Mechanic (SK) vide PTO No.4 dated 27.01.2015. Thus, it is candid clear that the applicant appeared in the different Trade i.e. Refrigerator Mechanic (SK) with due permission and approval of the authority under which the applicant was serving. After exploring the papers and documents as annexed which is undisputed by the respondents that the authority who recommended or granted permission to the applicant to appear in the different Trade Test for promotion of Refrigerator Mechanic (SK) is not the authority to do so. The respondent simply sta

Please Login To View The Full Judgment!

ted that as per existing policy the promotion of Refrigerator Mechanic (SK) from Pipe Fitter (SK) is not permissible but they failed to submit or produce under which rules and provisions of law debars avail promotion to the post of Refrigerator Mechanic (SK) by appearing in concerned Trade Test and after having passed the Trade. The applicant in his original trade also served as a Pipe Fitter (SK), however, he preferred to choose the other Trade i.e. Refrigerator Mechanic (SK) for which he appeared in the Trade Test with due permission and came out successful.16. In view of the above, we are of the view that there is no such impediment on the basis of materials submitted by the respondent authorities to avail Refrigerator (SK) after being declared successful and figured in the promotional list. We find that the action of the respondents for dropping the name of the applicant from the promotional list for the post of Refrigerator Mechanic (SK) is not appreciable and hence, not accepted.17. Accordingly O.A. stands allowed. No Order as to costs.
O R