UNION OF INDIA Vs. AWADESH PRASAD TRIPATHI

JUDGEMENT

(1.) Respondent had approached the Central Administrative Tribunal (hereinafter referred to as "CAT") with several claims including a direction for grant of due service benefits for promotion under the then existing Employees State Insurance Corporation (Regional Director Grade ,,A/Director) Recruitment Regulations, 2007, with all consequential benefits and also to count their ad-hoc service as Joint Director for all purposes. The Central Administrative Tribunal granted relief; as a result ESIC/Union of India instituted this proceedings under Article 226 of the Constitution.

(2.) The respondent officers joined ESIC on various dates as direct recruits to the post of Deputy Directors in the pay-scale of Rs.2200- 4000 revised subsequently to Rs.8000-13500 after the 5th Central Pay Commission (CPC). They were promoted as Joint Director on ad-hoc basis in the pay scale of Rs.10000-15200 on various dates during the period 2005-2007. These pay-scales were then changed to PB-III with grade pay Rs.6600/- per month in the wake of implementation of 6th CPC. The respondents/applicants claim that they became eligible for the non-functional grade upon entering the 14th year of service in January, 2009 but were denied since the Departmental Promotion Committees (DPCs) were not set up in the timely manner. The ESIC in the proceedings before the CAT defended its position contending firstly, that the Rules relied upon by the respondents/applicants had changed and that accordingly, there were no vacancies at the relevant time. It was also contended that respondents/applicants could not have claimed to be in regular service as their period of ad-hoc service could not be counted towards eligibility of promotion as Joint Director/Regional Director.

(3.) The CAT, following the judgments of Y.V. Rangaiah vs. J. Sreenivasa Rao, (1983) 3 SCC 284 and also S.Sumnyan & Ors. vs. Limi Niri & Ors. (2010) 6 SCC 791, held that since the vacancies existed under that regime and though the nomenclature given for the previous 2 1/2 years service is between 2005 and 2007 was "ad-hoc", the respondents were entitled to claim it for the purpose of promotion given that DPCs were not held in timely manner, and that the vacancies had existed.