BHAMIDI SRINIVASU Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) MA No. 578/2014 is allowed.

(2.) THE applicant joined the Respondent -organization as Cameraman -cum -Platemaker on 29.02.1996 in the scale of Rs. 4500 -7000 (pre -revised pay scale of Rs. 1400 -2300/ -). On 28.04.1999, an exercise for Cadre Review of certain Group B, C & D posts was undertaken by the Respondent Institute and two posts of Off -Set Press Operator, which was in the pay scale of Rs. 1400 -2300/ - (pre -revised) were upgraded and re -designated as Technical Assistant (Press) in the pay scale of Rs. 5500 -9000/ - (Revised) w.e.f. 08.04.1997. However, the post of Cameraman -cum -Platemaker held by the applicant was left out from such Cadre Review. On a representation made by the applicant, his case was considered in the 49th meeting of the Standing Finance Committee of Ministry of Health & Family Welfare held on 11.08.2009. The Standing Finance Committee considered this proposal as Agenda Item No. 22 recommended that the post of Cameraman -cum Platemaker may be upgraded and re -designated to Technical Assistant (Press) notionally and retrospectively without any financial implication on the part of the Institute. The Competent Authority referred this matter to an Anomaly Committee. However, the Anomaly Committee did not make any recommendation in its meeting held on 07.09.2009 and recommended that this proposal may be considered along with the Institute's proposal for creation/upgradation of new posts by identifying matching savings. The Respondent Institute, however, examined the matter and approved the following in May 2010 as follows: -

(3.) IT was later detected by the respondents on some complaint being filed that the applicant does not fulfill the essential qualification prescribed for the post of Technical Assistant (Press), inter -alia, include Diploma in Reprography or Printing Technology with specialization in Offset Printing. The respondents issued an order dated 16.08.2013 reverting the applicant to the post of Cameraman -cum -Platemaker, with effect from the afternoon of 16.08.2013. Prior to that, an Office Memorandum dated 07.05.2013 had been issued to the applicant stating about the proposed reversion, seeking any representation, which the applicant may wish to make and order dated 16.08.2013 was issued after consideration of the representation of the applicant dated 15.05.2013. The applicant is aggrieved by this reversion order and hence this OA.