UNION OF INDIA Vs. S.R. PRAJAPATI

JUDGEMENT

(1.) These three petitions, preferred against the common order dated 27.01.2014 passed by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur ('the CAT') in the Original Applications ('OAs') filed by the respective respondents, have been considered together; and are taken up for disposal by this common order. On the submissions sought to be made by the petitioners-employers, the short common point in these cases is as to whether an employee working with the petitioners, when foregoing promotion, could be forced to accept the promotion and to join on the promotional post even when he declines the offers of promotion? The attempt so made by the petitioners to enforce promotion was agitated against by the respondents-employees by filing the OAs before the CAT, which have been allowed by the impugned order dated 27.01.2014 while answering the question in favour of the employees.

(2.) The facts are not much in dispute. The applicants-employees (respondents herein) were initially appointed to the post of Postal Assistant and they were granted promotions to the post of LSG (NB). They were further granted promotion to the post of HSG-II (NB) in the pay-band of Rs. 9300-34800 with grade-pay of Rs. 4,200/- under the composite order of transfer/promotion dated 27.06.2013. This order also carried the annotation to the following effect:--

(3.) With reference to the above, the respondents-employees immediately submitted the letters declining the offer of promotion, but the competent authority proceeded to reject their propositions on the alleged ground that the reasons for declining the promotion were not acceptable; and directed that the employees concerned may be relieved to join on the promotional post. In challenge to the order so passed, the employees filed the OAs before the CAT, which have been allowed by the impugned order dated 27.01.2014.