SUBIR KUMAR ROY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petition has been filed by persons working with the Central Excise in Kolkata who claim that because the Respondents have not followed the instructions issued by Government of India, Ministry of Finance directing that a common eligibility list be prepared of Group D employees for promotion to the post of Lower Division Clerks (hereinafter referred to as 'LDC'), their respective dates of promotion to the higher posts have been prejudicially affected. Having failed to obtain relief before the Calcutta Bench of the Central Administrative Tribunal, the Petitioners have challenged the order of the Tribunal before this Court under Articles 226 and 227 of the Constitution of India.

(2.) The petitioners were working as qualified Group D staff in the Commissionerate of Central Excise, Calcutta I and II. They were reclassified as Group C staff working in the Department of Revenue under the Central Excise, Ministry of Finance, Government of India. On 24th January, 1992 an order was issued by the Government of India, Ministry of Finance, directing that for the purpose of promotion to the Grade of LDC, a combined eligibility list of Group D employees should be prepared. The period of qualifying service was stipulated as 5 years in the respective Group D post, subject to maintenance of inter se seniority within the Group D employees. The hierarchical structure is from Group D Staff to LDC to Tax Assistant to Senior Tax Assistant to Inspector. On 3rd June, 2005, the Government of India issued an order which indicated that the promotions to the Grade of LDC from the Group D staff were made without preparing a combined seniority list. The senior Group D staff Kolkata-II Commissionerate was thus denied promotion. A request was made by those who were adversely affected to implement the Ministry's letter dated 24th January, 1992 stipulating that a combined seniority list should be maintained. A Departmental Promotion Committee was constituted for considering the promotion of Group D staff to the higher ministerial grade on 9th May, 2006/10th May, 2006. A letter was submitted by the Chief Commissioner, Central Excise on 18th January, 2006 to the Government of India, Ministry of Finance, pointing out the discrimination affecting Group D staff of the Kolkata-II Commisionerate.

(3.) The petitioners were aggrieved because they have been superseded by their juniors in the grade while being promoted to the post of LDC. O.A. No.511 of 2008 was preferred before the Central Administrative Tribunal, Calcutta Bench for quashing the promotion of those juniors who had superseded the petitioners. The aforesaid application was disposed of on 9th June, 2008 directing the respondent authorities to consider the case of the petitioners in the next Departmental Promotion Committee for promoting them if they were found eligible and fit.