UNION OF INDIA Vs. P V SUBBA RAO

JUDGEMENT

(1.) Respondent No.1 is Deputy Chief Engineer (General) in the Office of the Chief Engineer, South Central Railway, Secunderabad. He joined in Railway Service in Group-C on 11-11-1964. By 1979 he was selected as Assistant Engineer Group-B through a limited departmental examination. Later he came to be promoted to Senior Time Scale (STS) Group-B on 29-6-1987. Next promotion of Officers of STS Group-B is to Indian Railway Service (IRSE), which is a selection post. Respondent No.l became eligible for the post of IRSE Junior Scale (JS) Group-A by 27-10-1982 after completion of three years in STS Group-A. However, he could not be considered as he fell out of zone of consideration. By 1989 his seniority in Service of STS Group-B moved up and he allegedly came within the zone of consideration. As per the rules and procedure of Railways a Departmental Promotional Committee (DPC) has to consider all the eligible candidates who are within the zone of consideration and recommend for promotion to IRSE. It is admitted that the DPC was not constituted from 1988-91. Be it, however, noted that though the DPC was constituted in 1991 in relation to vacancies of 1988, the respondent No.1 was not in the zone of consideration. In December, 1992 he was considered by the DPC and promoted as Deputy Chief Engineer (JS) Group-A in IRSE with effect from 24-12-1992.

(2.) The petitioner was given five years weightage from the date of his promotion i.e., 24-12-1992 in accordance with the principles laid down for fixation of seniority. He was fixed in the seniority list below three directly recruited officers who were respondents 3 to 5 before the Central Administrative Tribunal and who were recruited against the vacancies, which arose prior to 1989. Aggrieved by such action, respondent No.1 filed an original application being OA No.495 of 1997 under Section 19 of the Administrative Tribunals Act, 1985 ('the Act' for brevity). He prayed for quashing the letter of the Railway Board- respondent No.1 dated 8-12-1995 in which the seniority of un-official respondent Nos.3 to 5 was fixed from the date of initial time scale (DOITS) in 1984. He also prayed for a direction to the petitioner to refix his DOITS in 1984 counting weightage of five years from the year of vacancy. The Tribunal disposed of the OA directing the petitioner to dispose of the representation dated 22-7-1996 made by respondent No.1. The representation was duly disposed of by letter dated 3-10-1997. Aggrieved by the same, respondent No.l again filed OA No.590 of 1998 before the Central Tribunal praying to quash the Railway Board's letter dated 8-12-1995 wherein his seniority was fixed with effect from 24-12-1987 and for quashing the letter dated 4-10-1997 of the Secretary, Railway Board, which was the basis for passing the order on 3-10-1997 by respondent No.2, rejecting the representation made by the first respondent on 22-7-1996. The learned Tribunal allowed the OA in the following terms : In view of what is stated above, we have no hesitation to come to the conclusion that the applicant should be shown as having been promoted to the Group 'A' Service in the vacancies that arose for promotion from Group 'B' to Group 'A' service in the year 1989. On that basis he should also be given antedated seniority in accordance with the principles laid down by order dated 30-11-1976. The applicant is also entitled for other consequential benefits arising out of that seniority.

(3.) While doing so the Tribunal also placed reliance on the judgment of the Central Administrative Tribunal, Bombay Bench in CP No.5 of 1991 in OA No. 177 of 1986 dated 20-9-1991 wherein it was observed that the delay in holding DPC shall not deprive the claim of the incumbent for seniority and date of time scale anterior to the date of promotion.