UNION OF INDIA Vs. BHUPATI SINGH

JUDGEMENT

(1.) By order dated 22.03.2018, the Central Administrative Tribunal, Hyderabad Bench, Hyderabad (for brevity, 'the Tribunal'), allowed O.A.No.020/00077/2015 and directed the respondents therein to convene a Review DPC for reconsidering the case of the applicant therein, the respondent in this writ petition, for empanelment in Junior Administrative Grade (JAG) on par with other officers considered for empanelment in JAG on 13.08.2008, ignoring all uncommunicated below-benchmark gradings. The Tribunal further held that in the event the applicant was empanelled, he would be entitled to the consequential benefit of seniority and notional pay fixation from the date of empanelment of his immediate junior. The Union of India; the Chairman, Ministry of Railways, New Delhi; and the General Manager, South Central Railway, Secunderabad; the respondents in the O.A., filed the present writ petition aggrieved by these directions.

(2.) Heard Sri C.V.Rajeeva Reddy, learned counsel for the petitioners, and Sri K.Sudhakar Reddy, learned counsel on caveat for the respondent.

(3.) The respondent-applicant belongs to the 1998 batch of Indian Railway Service of Signal Engineers (IRSSE). He joined the service of the Railways on 27.12.1999 as an Assistant Signal and Telecommunications Engineer at Guwahati. He was promoted from Junior scale to Senior scale on 08.04.2004. He was further promoted from Senior scale to JAG on ad hoc basis on 26.06.2006 on par with his 1998 IRSSE batchmates. It is an admitted fact that he was not confirmed in JAG in Oct., 2008, on par with his 1998 batchmates. His confirmation in JAG was only with effect from 27.03.2014. The reason for this dissimilar treatment was the fact that he was found unfit for promotion along with his 1998 batchmates and even with later batches. He however seems to have raised a grievance only with regard to his promotion to selection grade, under his letter dated 03.07.2014, wherein he stated that his batchmates were already promoted and he wanted to know to what extent his promotion had come as it was pending with the Railway Board since long. In response to this communication, the Railway Board, Ministry of Railways, Government of India, addressed letter dated 09.09.2014 to the General Manager, South Central Railway, Secunderabad, stating that the request of the respondent-applicant for placement in selection grade was examined and the General Manager was requested to advise him that he was found unfit in the JAG/IRSSE panels approved on 26.09.2008 and 06.07.2009 and thus lost seniority, whereby he was promoted to JAG only with the 2003 batch and in consequence, his case would be considered for placement in the selection grade along with the 2003 batch.