CENTRAL
ADMINISTRATIVE TRIBUNAL
BANGALORE
BENCH : BANGALORE
ORIGINAL
APPLICATION No.342/2010
TODAY,
THIS THE ......... DAY OF .................., 2011
HON'BLE
SMT. LEENA MEHENDALE ... MEMBER (A)
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)
Vs.
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)
O R D E R
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)
psp.
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