Tuesday, January 8, 2013

OA unknown only pg 9-11 of a good case

employees. This is itself novel idea which deserves  compliments.  It is in this spirit that the respondents should have proceeded to locate the more meritorious employees and promote them thus giving encouragement and providing motivation.  In fact the department has done so by giving regular promotions to all the qualified candidates to the extent of vacancies up to 31.8.1990 and further by giving officiating promotions to all the remaining qualified employees from both  the circles.  We are, therefore inclined to conclude that the applicant should also be given the same benefit treating him as qualified candidate and  allowing him at least officiating  promotion.  Whether he should be given regular promotion will depend on where his seniority in Maharashtra circle was, within 516 candidates who received regular promotion. Nothing has been stated by Respondent No.4 on this point.

12.                   We therefore direct Respondent No.5 i.e., CGM, Mumbai to look at the TTA's seniority list of Maharashtra State as on 04.10.2000 and inform the applicant, as well as Respondent No.3, about his seniority status vis-a-vis those 516 TTA's of Maharashtra, who are given regular promotion.  If he is found to be senior to any of those 516 TTAs then, he would be considered as eligible for regular promotion.  In any event, the Respondent No.3 will give him officiating promotion and pass the necessary orders within one month of this decision.  If the CGM, Mumbai confirms him as eligible for regular promotion, then, the Respondent No.3 shall also give him regular promotion within one month from the date of receipt of information from the CGM, Mumbai.  The officiating
promotion as well as regular promotion, if due, will be given notionally with effect from the date of completion of his Phase-I training.  The Respondents have not informed us as to how they have dealt with the question of Phase=II training of the rest of the batch who were all given orders to join their duty instead of sending for Phase-II training.  If they have been given further increments without completion of Phase-II training, then the applicant is also entitled for the same, although notionally.  The actual financial benefits will accrue to the applicant from the date of filing of this OA.

13.                   OA is allowed with above directions.  No order as to costs

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


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