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Madhya Pradesh High Court · body

2006 DIGILAW 625 (MP)

S. H. Dhumale v. Union of India (UOI).

2006-05-02

A.K.PATNAIK, AJIT SINGH

body2006
Judgment ( 1. ) THIS petition, under Article 226 of the Constitution of India, is directed against the order dated 12-5-2004 passed in Original Application No. 335/2001 by the Central Administrative Tribunal, Jabalpur Bench, Jabalpur (hereinafter referred to as to "the Tribunal") whereby petitioners claim for Senior Time Scale from 6-5-1998 with consequential benefits has been rejected. ( 2. ) THE case of the petitioner before the Tribunal was that, while working in the Postal Department under the respondents, he was promoted by order dated 2-4-1990 Annexure P1 to the cadre of Superintendent, Postal Services, Group B. On 30-5-1995 he was promoted on ad hoc basis in the Junior Time Scale of Indian Postal Services, Group A, as Senior Superintendent of Post Offices, Ujjain Division. Petitioner was transferred by order dated 17-4-1998 Annexure P2 as Deputy Divisional Manager (PLI ). He joined on that post on 6-5-1998. The petitioner was appointed on regular basis in the Junior Time Scale, Group A, in the pay scale of Rs. 8000-225-13500 by order dated 23-7-1998 Annexure P3. Pursuant to order dated 23-7-1998 Annexure P3 he was ordered to work on regular basis as Deputy Divisional Manager (PLI ). The order dated 7-8-1998 in this regard, is Annexure P4. By order dated 31-5-1999 Annexure P5 the petitioner was transferred as Deputy Divisional Manager (BD ). He was further promoted to the next higher grade of Senior Time Scale, Group A, in the pay scale of Rs. 10000-325-15200 by order dated 31-3-2003 with effect from 1-4-2003. The grievance of the petitioner was that as he had completed seven years of service in Group B and was placed in the approved panel of Junior Time Scale in the year 1998 he should have been promoted to the Senior Time Scale from May 1998. ( 3. ) THE respondents, in reply, denied the petitioners claim for Senior Time Scale from May 1998 and averred that he has been granted the Senior Time Scale with effect from 1-4-2003 strictly in accordance with the rules. ( 4. ) THE Tribunal held that since the petitioner was promoted to the Junior Time Scale on regular basis by order dated 23-7-1998 he became eligible for promotion to the Senior Time Scale only after putting in four years regular service in the grade of Junior Time Scale as per the recruitment rules. ( 4. ) THE Tribunal held that since the petitioner was promoted to the Junior Time Scale on regular basis by order dated 23-7-1998 he became eligible for promotion to the Senior Time Scale only after putting in four years regular service in the grade of Junior Time Scale as per the recruitment rules. According to the Tribunal, the petitioner had put in four years regular service in the Junior Time Scale only on 23-7-2002 and as such he was eligible for promotion to the Senior Time from 23-7-2002. On this reasoning the Tribunal held that the petitioner was not entitled for the Senior Time Scale from 6-5-1998 and dismissed his original application. ( 5. ) IT was strenuously argued that by order dated 7-8-1998 Annexure A4 the petitioner, having been allowed to work against the post of Senior Time Scale, was entitled for the pay scale of the Senior Time Scale on the principle of equal pay for equal work. It was also argued that the post of Senior Time Scale could not be downgraded to Junior Time Scale. In reply, the learned counsel for the respondents submitted that the principle of equal pay for equal work is not applicable in the instant case at all and the order dated 7-8-1998 Annexure P4 was in consonance with the recruitment rules. ( 6. ) THE petitioner is governed by the Indian Postal Services (Group "a") Rules 1987 (hereinafter referred to as "the rules" ). The relevant Rule 5 of the rules filed as Annexure P7 reads as under: (a) Initial recruitment to the Service shall be made in the Junior Time Scale in the following manner. (i) By direct recruitment on the basis of results of the Civil Services Examination conducted by the Commission; (ii) By promotion in accordance with part IV, (iii) The number of persons recruited in a year under clause (i) above shall not exceed 25% of the total regular posts in Junior Time Scale, the remaining posts being filled by promotion from Group "b"; (iv) posts in the Senior Time Scale which cannot be filled on account of officers with requisite years of service in j Junior Time Scale not being available can also be added temporarily to the Junior Time Scale and filled up by promotion in accordance with part IV. provided that the total number of promotee officers in various grades of the Service shall not, at any time, exceed 33-1/3% of the total cadre strength (excluding training reserve) . (emphasis supplied) ( 7. ) PART IV of the rules particularly Rule 20 filed as Annexure P6 deals with recruitment by promotion. It reads as under: 20. Appointment by promotion to various grades: (1) Junior Time Scale: Appointment to the Junior Time Scale in the Service shall be made by selection on merit from amongst officers regularly appointed to the Postal Superintendents Service Group "b" with three years regular service in that grade, on the recommendation of a duly constituted Departmental Promotion Committee and in consultation with the Commission. (2) Senior Time Scale -.-Appointment to the Senior Time Scale in the Service shall be made by promotion of officers in the Junior Time Scale with four years regular service in that grade in the order of seniority subject to the rejection of the unfit on the recommendations of a duly constituted Departmental Promotion Committee. Provided that officers of the Postal Superintendents Service Group "b" who are on the approved list for promotion to the Junior Time Scale and have rendered not less than 7 years total approved service in Group "b" or higher posts may also be appointed to such posts in an officiating capacity on the basis of seniority as a purely temporary measure till such time officers of the Junior Time Scale are available for regular promotion to the Senior Time Scale . ( 8. ) A reading of the above quoted rules clearly indicates that officers of postal service are eligible for promotion to the Junior Time Scale after putting in three years regular service in the cadre of Superintendent, Postal Service, Group "b" and the posts of Senior Time Scale can also be added temporarily to the Junior Time Scale and filled up by promotion on account of officers with requisite years of service in Junior Time Scale not being available. The postal officers in Junior Time Scale are further eligible for promotion to the Senior Time Scale after putting in four years regular service in the grade of Junior Time Scale. The postal officers in Junior Time Scale are further eligible for promotion to the Senior Time Scale after putting in four years regular service in the grade of Junior Time Scale. Officers of Superintendent, Postal Service, Group "b" who are on the approved list for promotion to the Junior Time Scale and have rendered not less than seven years total approved service in Group "b" or higher posts may also be appointed to the posts of Senior Time Scale as a purely temporary measure till such time officers of the Junior Time Scale are available for regular promotion to the Senior Time Scale. ( 9. ) THE submission of the petitioner that he worked on the post of Senior Time Scale pursuant to orders dated 23-7-1998 and 7-8-1998 Annexures P3 and P4 is factually incorrect. Order dated 23-7-1998 Annexure P3 clearly indicates that the postal officers including the petitioner were promoted on regular basis against the Junior Time Scale posts and to the extent of non-availability of Junior Time Scale posts for posting them; the posts in Senior Time Scale shall be deemed to have been downgraded in accordance with the rules. Likewise, order dated 7-8-1998 Annexure P4 also indicates that petitioner was promoted on regular basis in the Junior Time Scale Group "a" against Senior Time Scale post which was deemed to have been downgraded in accordance with the rules. The downgrading of the post of Senior Time Scale to the post of Junior Time Scale, as already stated above, is permissible under the rules. The petitioner was, therefore, not promoted to the post of Senior Time Scale by orders dated 23-7-1998 and 7-8-1998 Annexures P3 and P4. He was, in fact, promoted on regular basis to the post of Junior Time Scale Group "a" against the downgraded post of Senior Time Scale. He did not work on the post of Senior Time Scale pursuant to orders dated 23. 7. 1998 and 7. 8. 1998 Annexure P3 and Annexure P4, He is, therefore, not entitled for the pay scale of Senior Time Scale from 23-7-1998 on the principle of equal pay for equal work. ( 10. ) THE petitioner was promoted on regular basis to the Junior Time Scale on 23-7-1998. 7. 1998 and 7. 8. 1998 Annexure P3 and Annexure P4, He is, therefore, not entitled for the pay scale of Senior Time Scale from 23-7-1998 on the principle of equal pay for equal work. ( 10. ) THE petitioner was promoted on regular basis to the Junior Time Scale on 23-7-1998. He, therefore, became eligible for promotion to the post of Senior Time Scale only after putting in four years regular service in the grade of Junior Time Scale as per the rules. The petitioner completed four years regular service in the Junior Time Scale on 23-7-2002. The respondents, therefore, did not commit any illegality in promoting him to the Senior Time Scale with effect from 1-4-2003 by order dated 31-3-2002. ( 11. ) FURTHER, there is nothing on record to show that the petitioner was in the approved list of Superintendent, Postal Service, Group "b" for promotion on 6-5-1998 and, therefore, he could not have been considered for promotion to the Senior Time Scale from that date. Even if the petitioners name was in the approved list of Superintendent, Postal Service, Group "b" for promotion he at the most would have become eligible for promotion in the Senior Time Scale Group "a" cadre under the rules purely on temporary measure till such time officers of Junior Time Scale were not available for regular promotion to the Senior Time Scale. But there is no order promoting him to Senior Time Scale even temporarily on that basis. It is a well-settled principle of law that eligibility alone does not confer any vested right and it is for the competent administrative authority to consider the names of officers for promotion depending upon the exigency of service. ( 12. ) THERE is a pleading in the petition challenging the validity of the rule downgrading the post of Senior Time Scale to Junior Time Scale but the petitioner did not press the same before us at the time of hearing. ( 13. ) IN view of the aforesaid, we do not find any merit in this petition. It is accordingly dismissed.