RAILWAY SAMACHAR

Court cases of Civil Engineering Deptt.

Sh. Y.S.Chaudhary had filed two cases in Principal Bench of CAT, New Delhi in the year 2008, regarding Civil Engineering Department i.e.

1. For grant of 238 additional posts for Group ‘A’ induction, which were granted earlier and subsequently taken back after the judgment in the Jabalpur, CAT.

2. For granting ante-dating i.e. DPC from the date of vacancy instead of from the date it is conducted with 2-4 year delay. It is heartening to inform everybody that both of these cadres have since been decided positively in the month of January, 2010. It is a great achievement as the judgment in the case of anti-dating is a landmark judgment, Mr.Y.S.Chaudhary who monitored both the cases, deserve to be congratulated for all this, as it is only he who is able to obtain such decisions, at the cost of his service, his family welfare and despite many hurdles put in by many. Congratulation to Mr.Y.S.Chaudhary, and all Group ‘B’ officers should be indebted to him for raising/struggling their just cause with the administration.

1. In the first case, since the case of the loss in Jabalpur was taken in supreme Court by the Federation and got summarily dismissed this could not be decided at CAT, despite favourable decision in the S&T case by Supreme Court of India in Sept.2002, and we have been advised to take it to Supreme Court for review of their judgment,however with positive comments. Thus, one intermediate stage which we would have been dragged positively i.e. High Court has been avoided.

2. In the second case, the Principal Bench of CAT at New Delhi has given the judgment in favour of the Group ‘B’ officers through a very vital and landmark judgment of 37 pages on 29th January, 2010. We had demanded that instead of giving DPC effective date from the prospective date of DPC meeting – i.e. 14/01/2005, in case of Sh. Chaudhary’s batch to 01/01/2002 or 31/03/2002 i.e.which was the date of vacancies/panel year for the panel year 2002-03 which means anti dating by more than 3 years.

Though the total judgment is important, but, few important extracts are produced below for ready reference.:-

“Para-28

Therefore we have no hesitation in holding that the present case will not fall in the category mention in para 6.4.1 above i.e . “ where for reasons beyond control, the DPC could not be held” and therefore Para 6.4.4 would not be applicable. The case, therefore, must be categorised as a case of unexplained delay attributable to administrative laxity/lapses. In fact, although this may not be the case here, such delays can also be deliberate and can be resorted to, to deprive an individual or a group/class of individuals, the benefit of promotion which would accrue to them in normal cause had their cases been dealt with promptly. Such a position cannot be allowed to continue or go unnoticed. pensionery 29. The delay in this case has caused material prejudice to the applicants which would be of a permanent and continuing nature as it would affect him (them) at every stage of his (their) careers, loss of seniority, delay in further promotions and also monetary loss throughout service and perhaps even after retirement (as a result of the drawl of lower benefits). As this delay has occurred for absolutely no fault on their part, there is considerable justification for considering positively the request of the applicants to ante date their promotion/induction to Group ‘A’ junior scale of IRSE from the date when the vacancies actually arose in 2002-03 instead of from 14/01/2005."

3. In view of the above, The respondents notification dated 187/05/2006 is quashed and set aside. The respondents are directed to convene a review DPC to consider the promotion/ induction of the applicants from the date when the vacancies arose in 2002-2003 and thereafter to pass appropriate follow up orders with regard to their seniority in Group ‘A’ subject to is being ensured that the seniority accorded does not result in the applicants superseding officers who were senior to them in Group ‘B’ and have already been promoted to Group ‘A’. This may be done within a period of three months from the date of receipt of a copy of this order.

What to do now

In view of this positive judgment’ we have now to ensure its implementation at the earliest. In fact5, at the time of initiation of the case, the Federation was requested to enlist themselves as a necessary party to the case,.Had that would have been done, it would have been easier for us to obtain the decree for all departments. However, they did not heed to our advise at that time . what has been done, is done, now we allshould sit together and decide our future line of action, so that this great judgment is at least now useful to everyone. S&T Deptt. has already filed a petition and Electrical is going to file shortly.

However, Federation is requested to ensure that the judgment is implemented at the earliest without any appeal at higher level. In view of the fact that Railway Board had already vide their letter to DOPT dated 01/07/2004.said as under:-

It is however,found that due to various reasons,steps most inescapable and inbuilt Into the DPC mechanism,the DPCs get delayed,but evan in those cases the Promotions are made effective in terms of the DOP&Ts instructions quoted in Para 2 above.The Gp.B officers of Railways have been representing for quite sometime that whenever there is a delay in holding DPC and such delays are not Attributable to affected officers, the promotions may be given retrospective effect from the vacancy year.In other words,the date of effect of such inductions Should be reckoned from the ‘date as due’ rather than date of approval of Commission in order to avoid hardship in such cases.

Ministry of Railways is of the opinion that the demand of the Group ‘B’ officers of reasonable and merits consideration.Advice of the DOP&T is accordingly Solicited for favourable consideration.

Further Federation may call a important meeting at the earliest to decide future action for meeting with the requirements.

Federation with all its office bearers are required to stand up to accept the challenge, and consolidate the achievement made possible by the heroic act of Sh. Y.S.Chaudhary, for getting everything that has happened in between.

All persons who are otherwise interested may also contact Shri Y.S.Chaudhary

Analysis By

S.K.Bansal