Saturday, November 3, 2012

OA no 342 / 2010 on ???????? 2011



TODAY, THIS THE ......... DAY OF .................., 2011


HON'BLE SHRI V. AJAY KUMAR             ...         MEMBER (J)

Z. Chandrashekar Rao,
S/o Shri Z. Mark Sheshagadu,
aged about 62 years,
retired as Head clerk,
R/at No.16, Chetna Colony,
Phase-II, Gadag Road, Hubli.                    ...                                 Applicant

(By Advocate Shri Izzhar Ahmed)

1. The Union of India,
   The General Manager,
   South Western Railway,
   Kesavapura, Hubli.

2. The Deputy Chief Engineer,
   South Western Railway,
   Kesavapura, Hubli.

3. The Chief Personnel Officer,
   South Western Railway,
   Kesavapura, Hubli.                                   ...                                 Respondents

(By Advocate Shri J. Bhaskar Reddy, Counsel for Railways)


Hon'ble Smt. Leena Mehendale, Member (A) :

            This OA is filed on 8.7.2010, under Section 19 of the Administrative Tribunals Act, 1985, with a prayer to refix his Pension on the basis of his last drawn pay on ad-hoc post in the Scale of Rs.5000-8000/-.  The Impugned order at Annexure-A/12, dated 24.6.2010, is an order passed by the respondents to clarify that his Pension refixation and other settlement benefits can be revised after conclusion of the DAR proceedings and clearance of stock sheets.

2.         Briefly stated, the applicant was appinted as a Gangman on 29.9.1971 and promoted to the post of Store Chaser on adhoc basis in the pay scale of Rs.1320-2040/- (revised) on 21.9.1981 (Annexure-A/3).  He was given another adhoc promotion to the post of Head Clerk in the pay scale of Rs.1400-2300/- on 19.2.1995 (Annexure-A/5).  Thereafter, on 11.7.1995, he was directed to work as Material Chaser in the same scale of Rs.1400-2300/-. He claims this was promotion, though copy of order not attached in OA.  Later, on 7.12.2006, he was granted yet another adhoc promotion to the post of Dy. Store-keeper in the scale of Rs.5000-8000/-, from which post, he retired on 31.5.208.

3.         Thus, he has worked in adhoc promoted posts for 26 years and 8 months.  The impugned order Annexure-A/12, admits that he was granted 4 continuous adhoc promotions by the Construction wing, which is not a proper administrative practice.  However, reiterating that since there is also a departmental enquiry pending against him, the regularisation of adhoc promotions and consequential refixation of Pension and granting of other benefits is subject to the finalisation and the outcome of the DAR proceedings.

4.         The applicant has cited the decision of this Bench of the Tribunal in OA No.369/2005, in which the Respondent department was directed to settle pension as per the last pay drawn even when the employee was holding his last post on adhoc basis.  However, there is a clear distinction between that case and the present OA.  No departmental enquiry was pending against the applicant in that OA, he had taken a VRS.
5.         It is pertinent to note that a charge memo for major penalty was issued to the applicant on 28.9.2006, on the ground of shortage of material during stock verification.  This charge sheet has been issued prior to his adhoc promotion and which was actually issued on 7.12.2006.

6.         We have gone through all the pleadings and heard the learned counsels at length.

7.         The matter has two brief points:-
(a)        Should the department regularise his last adhoc promotion dated 7.12.2006 even when a major charge sheet was issued to him on 28.9.2006?

(b)        Should the department regularise his adhoc promotion as Head clerk and/or Material Chaser which promotion has been given as back as in 1995, but, has remained to be regularised till September, 2006, when the charge sheet was issued?

8.            These are well settled issues.  Since the major charge sheet was issued on 28.9.2006, the department must look into the claim of the applicant for regularisation of those promotions which arose before date of charge sheet.  Thus, necessary regularisation orders for the post of Store-keeper as well as for Head Clerk and/or Material Chaser must be decided by the respondents without waiting for the departmental enquiry to be concluded. 

9.         The adhoc promotion to the post of Dy. Store-keeper will, however, have to wait till the completion of the departmental proceedings.

10.       The respondents are, therefore, directed:-
(a)        to issue proper order for regularisation of the applicant in the post of Head Clerk/Material Chaser and give him consequential benefits for the same.

(b)        Complete the pending departmental enquiry within 4 months.  The applicant is also directed to cooperate with the departmental enquiry.

11.       With these directions, the OA is disposed of.  No order as to costs.

                (V. AJAY KUMAR)                                         (LEENA MEHENDALE)
                     MEMBER (J)                                                      MEMBER (J)


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