Original Application No. 863 of 2005. Case: 1. Basant Singh S/o Late Ram Dewash, 2. Royal Hembrom S/o Late Nathemyal Hemborm Vs 1. Union of India, Through General Manager, East Central Railway, Hazipur, 2. Divisional Railway Manger, East Central Railway, Mughalsarai, 3. Sr. Divisional Engineer (Co-ordination) East Central Railway, Office of DRM, Mughalsarai. Central Administrative Tribunal
| Case Number | Original Application No. 863 of 2005 |
| Judges | Dr. K. B. S. Rajan (Judicial Member) & D. C. Lakha (Accountant Member) |
| Issue | Service Law |
| Judgement Date | May 20, 2011 |
| Court | Central Administrative Tribunal |
Judgment:
Dr. K. B. S. Rajan (Judicial Member)
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The factual position is not in dispute. Applicants who belong to Welding trade had qualified in some competency test and had qualified in the mason test held by the respondents but results of the trade test were not declared. Their claim is that since they had qualified in the trade tests, vacancies being available, they should be duly promoted to the Group C grade and corresponding ACP should also be given to them. The claim of the applicant as in the prayer is as under:-
i. The Hon'ble Tribunal may graciously be pleased to direct the respondents to declare the result of the Trade Test held on 9.08.2002 for the post of Mason Grade-III.
ii. The Hon'ble Tribunal may further be pleased to direct the respondents to grant all the benefits of regularization w.e.f. 1.7.1985 i.e. seniority, promotion as well as fixation of pay etc.
iii. The Hon'ble Tribunal may further be pleased to direct the respondents to grant any other benefits which are deemed fit and proper in the circumstances of the case.
iv. Cost of the application may also be awarded.
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The contention of the respondents is that since the trade test taken was for mason and since the applicants belong to Welding trade, notwithstanding their participation in the trade test for mason, they cannot be considered for promotion in the trade of Mason and for welder trade there being no vacancies, some action is in process to get some more posts created in the said trade. Further there are seniors awaiting promotion in the Welding Trade.
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The short question involved is when the applicants belong to one trade (Welding process) if they have qualified in another trade not even remotely connected (Mason) and when there are no vacancies in the promotional Group C post in Welding Trade and when there are many seniors to the applicants in the Welding trade awaiting promotion, is whether the applicant's claim for promotion could be held to be legally sustainable.
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Applicants contend that the respondents had clearly admitted in their short counter that screening of 24 C.P.C./thermit Welding Staff working in Mughalsarai Division were done on 08-10-1991 and the names of the applicants were found suitable by the screening committee which recommendation was also approved by competent authority i.e. Sr. D/E.N. II.
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Paragraph 7 of the Short counter reflects that there is no vacancy in the welder and Aligner grade. Applicants contention on the...
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