M K SHANMUGAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the order made by the Central Administrative Tribunal, Bombay Bench (hereinafter referred to as 'the Tribunal') on November 5, 1993 in O.A. No. 286/92. Respondents Nos. 3 and 4 filed an application O.A. No. 286/92 before the Tribunal. The pleadings raised in the application, briefly stated, are as under.

(2.) There are two channels of recruitment under the relevant recruitment rules and promotions to the post of Executive Engineer are to be made from two categories, namely, Assistant Executive Engineer Class I with five years regular service on seniority-cum-fitness basis (non-selection) in the 2/3rd quota and the other being Assistant Engineer Class II with eight years regular service on seniority-cum-merit basis (selection method) in the 1/3rd quota selection being made by the Departmental Promotion Committee with a member of the UPSC as Chairman.

(3.) The stand taken by the applicants before the Tribunals is that while regular promotions to the grade of Executive Engineers from the Assistant Executive Engineers cadre was made regularly from 1976. However, the seniority in respect of Assistant Engineers Class II was not finalised till November 1987 in view of certain disputes inter se the promotees in the cadre. The D.P.C. thereafter selected from the category of Assistant Engineers Class II in a meeting held only in May 1988 when the D.P.C. selected the appellants for the vacancies belonging to their quota for the years 1977 to 1982. The appellants had thus worked for long period varying from 6 to 11 years in the post of Executive Engineer on ad hoc before the D.P.C. could meet for finalising regular promotion. The revision of the seniority list which was challenged before the Tribunal, it was submitted, was only a corrective action though belated to render justice to the affected persons and is in compliance of the judgment of the Madras Bench of the Tribunal dated October 12, 1990 in O.A. No. 113/89 directing disposal of the representation regarding the seniority of one of the appellants. It was further made clear in the said direction that it has to be decided after taking into account the decision of the Principal Bench of the Tribunal in N.N. Chakraborty case in O. A. No. 978/87 and of this Court in Direct Recruit Class II Engineering Officer's Association v. State of Maharashtra, (1990) 2 SCC 715 : (AIR 1990 SC 1607 : 1990 LIC 1304). After noticing several decisions of this Court and of the Tribunal, it was held that under the statutory recruitment rules promotions to the post of Executive Engineer were to be made from among the Assistant Engineers Class II with eight years regular service on seniority-cum-merit by selection method in the 1/3rd quota and admittedly the appellants were promoted on ad hoc basis as Executive Engineers on different dates mentioned earlier. The relevant appointments were purely temporary and on ad hoc basis and were for a limited duration and it was also made clear that services on ad hoc basis will not confer any claim in the matter of seniority, confirmation, etc.