UNION OF INDIA Vs. P RAJAGOPALACHARY

JUDGEMENT

(1.) THE first respondent herein had filed O.A.No,620 of 2005 before the Central Administrative Tribunal, Madras Bench, praying to call for the proceedings of the second appellant herein in its letter No.A20011/1/99-CHTI/1436, dated 7.3.2005 and quash the same and consequently direct the respondents to refix the applicant's pay with effect from 31.8.1999 under the ACP Scheme, if necessary by giving him notional promotion on par with his juniors as per the seniority list dated 6.1.2003 with all consequential and attendant benefits.

(2.) THE applicant joined the services of the appellants as Stenographer Grade-III on 10.1.1969. According to the applicant/first respondent, he was stagnated in the same post for more than 30 years and it was pursuant to an OM, dated 6.8.1999, fixing the ratio of 40:40:20 between the Stenographer Grade III, II and I respectively, that the applicant got his promotion as Grade-II Stenographer and immediately thereafter as Grade-I in May, 2004. He has further submitted that he is the senior most Stenographer in the Hindi Teaching Scheme, Central Hindi Training Institute in all the zones in India, but no seniority list was published periodically and therefore, he was not in a position to know what his actual position was in the seniority list that for the first time in the year 2003, a seniority list of stenographers was published in which the applicant's name was found at Sl.No.1 and from seeing the said list, the applicant was surprised to find that one Mr.Vijay Pal Singh, who is at Sl.No,6 of the said list had been promoted as Stenographer Grade-II, some time in May 1994 that the said Mr.Vijay Pal Singh is junior to the applicant by over 18 years, having joined service only in the year 1987 as Steno Grade-III, whereas the applicant had joined in the service way back in the year 1969.

(3.) A detailed counter affidavit has been filed on the part of the respondents before the Tribunal, who are the appellants herein. In the counter, it has been submitted, inter alia, that the seniority list of Group 'C' and Group 'D' posts of Hindi Teaching Scheme Northern Region (Headquarters, New Delhi) and Examination Wing (New Delhi) were amalgamated, but the seniority list of Group 'C' and Group 'D' posts of other regions were on the original basis only as before and that promotion to Group 'C' and Group 'D' posts sanctioned in the Sub Institutes of Central Hindi Training Institute at Chennai, Hyderabad, Calcutta, Bangalore etc. were being made on the basis of the seniority lists of Group 'C' and Group 'D' posts in the concerned region and the same position is applicable to the posts of Stenographers that after the establishment of Central Hindi Training Institute of New Delhi in the year 1985, along with other posts, one post of Stenographer Grade-C was also sanctioned, which were to be filled by Stenographers of the Northern Region and accordingly, as per the existing rules, Stenographer Grade-III of Northern Region Mr.Mool Raj Patiyal was given promotion against this post w.e.f. 30.8.1989 and thereafter, Mr.Patiyal was given promotion as Research Assistant (Hindi Typing and Stenography) w.e.f.17.5.1994 on adhoc basis and later Mr.Vijayapal Singh, Stenographer Grade-D was given promotion as Stenographer Grade-C w.e.f. 18.5.1994 on adhoc basis.