Original Application No. 18/2008 with Misc. Applications Nos. 333/2010 & 137/2011. Case: R. N. Saraswat S/o Jwala Prasad, Enforcement Officer/Assistant Accounts Officer, O/o Employees Provident Fund Organisation, Regional Office, Rajasthan Vs 1. Union of India, Through the Secretary to the Government of India, Ministry of Labour, New Delhi, 2. Central Provident Fund Commissioner, Employees Provident Fund Organisation, New Delhi, 3. Regional Provident Fund Commission, Rajasthan Regional Office, Employees Provident Fund Organisation, Jaipur. Central Administrative Tribunal
| Case Number | Original Application No. 18/2008 with Misc. Applications Nos. 333/2010 & 137/2011 |
| Judges | K. S. Rathore (Judicial Member) & Anil Kumar (Administrative Member) |
| Issue | Service Law |
| Judgement Date | May 20, 2011 |
| Court | Central Administrative Tribunal |
Judgment:
(Jaipur Bench)
The Order of the Court was as follows:
-
By way of present OA, the applicant asked for the following reliefs:-
(i) That the respondents may be directed to give promotion to the applicant to the cadre of Assistant Provident Fund Commissioner scale Rs.8000-13500/- after completion of 7 years regular service on the post of Enforcement Officer/Assistant Accounts Officer i.e. 1996 with due benefits and seniority by following rule of 3% reservation to physically handicapped persons as made applicable in the case of applicant in lower cadres by regularizing services of the applicant to the post of Enforcement Officer/Assistant Accounts Officer w.e.f. 24.07.1989 against reservation point available to Handicapped quota.
(ii) Any other order, direction or relief may be passed in favour of the applicant which may be deemed fit, just and proper under the facts and circumstances of the case.
(iii) That the cost of this application may be awarded.
-
Brief facts of the case are that the applicant is the substantive employee of the respondent department and was initially appointed as LDC vide letter dated 31.07.1973 ad was promoted as UDC vide order dated 25.08.1976 and was further promoted to the post of Head-Clerk in the scale of Rs.425-700/-on ad hoc basis vide order dated 23.07.1986 (Annexure A/3).
-
The applicant is having 40% disability due to left leg since appointment. A certificate dated 18.08.2008 (Annexure A/4) issued by the SMS Hospital is placed on record.
-
Government of India considered reservation for the physically handicapped persons against the posts filled by promotion and to this effect issued OM dated 20.11.1989 (Annexure A/5) providing 3% reservation i.e. 1% each for the category of visually handicapped, hearing handicapped and orthopaedically handicapped and applicant comes under orthopaedically handicapped as per certificate issued by the SMS Hospital.
-
The respondents department issued recruitment rules in the year 1990 and prior to the circulation of the aforesaid rules, 3 years service is required for promotion to the post of Enforcement Officer/ Assistant Accounts officer and respondents department after considering the instructions issued by the Government of India through Department of Personnel & Training issued orders vide letter dated 04.04.1991 (Annexure A/8) for implementation of reservation for the physically handicapped persons in the posts filed up by promotion.
-
The applicant...
To continue reading
Request your trial