RAJ KUMAR JHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Shri Rajkumar Jha and another officer belonging to the DANIPS have joined together in the present OA filed under Section 19 of the Administrative Tribunals Act, 1985 and prayed the following relief (s) :

(2.) Brief facts of the case would disclose that the applicants joined Delhi and Andman Nicobar Islands Police Service (DANIPS) on 30.04.1986. They were granted selection grade on regular basis w.e.f. 9.12.1995 after completion of 8 years of service. In the year 2000, they became eligible for promotion to the Junior Administrative Grade -II (JAG -II) as they completed 13 years of approved service. But to their dismay they were not promoted to the said JAG -II in 2000. It is the case of the applicants that even as on 02.01.2007 they further became eligible for promotion to the next higher grade, namely, JAG -I but still they were not promoted. On the other hand, the respondents promoted them to the JAG -II on ad hoc basis only on 21.05.2007 and again they were promoted to JAG -I on ad hoc basis on 30.03.2010. It is their case that they are continuing only on ad hoc basis in JAG -II and JAG -I levels in DANIPS and no Departmental Promotion Committee (DPC) has so far met to consider their regular promotion to JAG -II and JAG -I. In view of this disadvantageous position of the applicants they submitted representation in May, 2010 to the 1st respondent requesting to hold DPC for regular promotion to JAG -II and JAG -I w.e.f. the date of their eligibility or at least from the date of available vacancies. In the mean time, the 1st respondent initiated the process for holding DPC for preparation of a select list of DANIPS officers for induction into Indian Police Service (IPS) AGMU Cadre for the vacancy year 2010. They were asked to submit unconditional willingness for induction and consent for termination of lien in the DANIPS. They represented vide their letter dated 20/25.07.2011 either to defer the proposal for induction in the IPS or not to insist on unconditional willingness till they get their regular promotion to the rank of JAG -II and JAG -I. Further, they also raised the issues like pay fixation and seniority because if they are inducted into IPS as ad hoc JAG -II and JAG -I they would financially suffer in pay fixation, besides losing their proper rank and seniority. Further, ad hoc JAG -II ad JAG -I they are in Pay Band -3 with Grade Pay of Rs.6600 and would be protected in the same Pay Band and Grade Pay as per Section 10 of the IPS (Pa)y Amended Rules, 2008. But if they are made regular in the JAG -I they would be placed in the Pay Band -4 with Grade Pay of Rs.8700. It is again the case of the applicants that they have put in 22 years of service in the State Police Service and in terms of the IPS seniority rules of 1998, they would be placed in the seniority list after the direct recruits of IPS for the year 2003, whereas they are entitled to be placed in the 1997 IPS batch. As the 1997 IPS batch has already got the selection grade in the IPS Scale, the applicants if put in 2003 would suffer serious financial anomaly as well as rank and seniority. Further, it was averred that applicants if they do not give unconditional willingness for induction, the period to do so would start from 14.12.2011 when the select list was prepared and 60 days time within which the willingness should be conveyed would end on 11.02.2012, otherwise, under Section 9 of the IPS Appointment, Promotion and Regulation, 1955, they would be barred for the induction to the IPS. If they give unconditional willingness they would suffer irreparable loss in pay, rank, and seniority. In this type of typical situation, the applicants have approached this Tribunal in the present OA.

(3.) We issued notice to the respondents on 19.01.2012 and indicated therein that on the next date of hearing the issue of stay raised in the application would also be considered. Though on 25.01.2012, the respondents were represented by Shri Ashish Nischal, learned counsel, he sought for adjournment. Therefore, on 30.01.2012 the issue of interim direction was considered. We directed that even if the applicants may not give any willingness by 11.02.2012, the select list qua the applicants will not lapse. With the above directions to the respondents, the case was adjourned to 10.02.2012. Ultimately, the case was heard on two other dates and finally on 2.03.2012.