UNION OF INDIA Vs. HARI RAM SHUKLA

JUDGEMENT

(1.) This writ petition is preferred by the Union of India against judgment and order dated 15.9.2000 passed by Central Administrative Tribunal in OA No.804/98. The said OA was preferred by the respondents herein who are visually handicapped persons and are engaged as Cane Weavers in Engineer-in-chief's Branch (EIC-3) Kashmir House, DHQPO, Rajaji Marg, New Delhi for more than two decades. The grievance of the respondents in the said OA was that consequent upon the recommendations of 4th Pay Commission they had been placed in the pay scale of Rs.900-1150/- but were not considered for upgradation in the skilled Grade having pay scale of Rs.950-1500/-. The learned Tribunal, in the impugned judgment traced out the history of pay-scales granted to industrial workers (to which category the respondents herein also belong) starting from 3rd Pay Commission and found that although in comparable categories exercise was done by constituting Anomalies Committee for re-evaluating the jobs in the semi-skilled categories and they were upgraded, insofar as the respondents were concerned no such upgradation or promotional avenues were made available. The tribunal noted the contention of the respondents herein to the effect that although their category had been made eligible for promotion to the grade of upholsterer but it was totally illusory as passing of the trade test for such promotion was mandatory and subordinate units of the petitioner herein had never permitted blind canemen to undertake such tests with the result for more than a decade no one belonging to the category of canemen had been promoted to the rank of upholsterer.

(2.) The learned Tribunal after careful consideration of the material placed before it and in its detailed analysis observed:

(3.) According to learned Tribunal cane wearing was a job involving skill which had to be acquired and there was considerable scope for improving upon the skill with experience and also otherwise. All the respondents herein possess qualifications much higher than the prescribed qualifications, as they were all matriculates and also holders of certificates issued to them by recognised training institutes. Following this logic they had better claim for upgradation.