UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THE General Manager and the Deputy Chief Personnel Officer (G), Integral Coach Factory, aggrieved by the order of the Central Administrative Tribunal, Chennai Bench dated 10-07-2000, passed in O. A. No. 105/99 directing the administration to regularise the services of the applicant therein/2nd respondent herein from the date of adhoc promotion, have filed the above Writ Petition.

(2.) THE case of the petitioner is briefly stated hereunder: the second respondent herein was appointed as Inspector of Works-Grade III on 14-08-1979 through Railway Recruitment Board and later on, he was promoted as Inspector of Works, Grade II on 01-01-1984. Subsequently on 3-5-85, he was again promoted as Inspector of Works, Grade-I. Later on, he was promoted as Chief Inspector of Works with effect forom 14-9-1992. During September, 1993, there arose a vacancy of Assistant Engineer (Group-B) in the Civil Engineering Department. Originally the cadre of Civil Engineering department in ICF was a combined one with that of Southern Railway. The Railway Board in their letter dated 9-1-92 cancelled their earlier orders and demerged the cadre of Civil Engineering Department of ICF from that of the Southern Railway. Two Engineers, who felt that they lost promotional opportunities because of this order of Railway Board demerging the Civil Engineering cadre of ICF from that of the Southern Railway, approached the Administrative Tribunal for necessary direction. Therefore, the General Manager, ICF approached the Railway Board again to merge the Civil Engineering cadre with Southern Railway at least at Group-B level. Expecting a favourable reply from the Raiwlay Board, when the Group-B vacancy arose in September, 1993, it was temporarily decided to resort to adhoc promotion pending receipt of Board's final decision.

(3.) THE 2nd respondent was found suitable for adhoc promotion to Group-B post of Assistant Engineer based on the criteria for promotion on adhoc basis. Therefore, he was promoted on adhoc basis to the post of Assistant Engineer with effect from 1-10-93 against the regular vacancy. In the order of appointment, it was clearly stated that the above order of adhoc promotion would not confer on him any right for continuance in the above post or for automatic empanelment against the future vacancies in the post of Assistant Engineer. Accepting the same, the second respondent joined in the promoted post.