Cancellation of erroneous promotions within merged grade upheld; Government empowered to rectify administrative mistakes promptly without perpetuating errors; promotion not a right but subject to eligibility and rules.

ORDER 

(Hon'ble Shri Varun Sindhu Kul Kaumudi, Member(A)

Through this Original Application, the applicants are seeking the following relief:-

“to quash the impugned order in DO Part-I No. 218/EST dated 13.03.2015 passed by the 3^rd Respondent and, consequential DO Part-II No. 42/2015 dated 23.03.2015 passed by the 3^rd Respondent and consequently direct the 3^rd respondent to promote the applicant as Carpenter Skilled with effect from 26.12.2013 with all consequential service and all attendant benefits, within a stipulated time frame and pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of this case and thus render justice.”

2. The case of the applicants is that they were appointed as Mazdoors in the 3^rd respondent depot and due to the years of service, they are drawing pay equivalent to Highly Skilled Grade II. As per the VI CPC, Mazdoors/Semi Skilled were merged as Tradesman Mate. Therefore, they were re-designated as Tradesman Mate, which is a Semi Skilled grade, having a Grade Pay of Rs1800/-. The next avenue of promotion is Skilled, and the subsequent avenue of promotion is Carpenter Skilled, with Grade Pay of Rs. 1900/-. The respondent, instead of doing the same, had wrongly promoted them from Tradesman Semi-Skilled to Carpenter Semi-skilled which cannot be done even as per their promotion order annexed and, therefore, representations were made and, based on that, instead of rectifying the same, the 3^rd Respondent has again placed the applicants in the same place as Tradesman Mate. Therefore, the applicants have joined together and filed the instant OA seeking the aforesaid relief on the following grounds:-

a) The impugned order of the 3^rd Respondent in downgrading the applicants is contrary to the Government of India, Ministry of Defence Letter No. 410/2013 (ClV - I), dated 27.02.2013, and the existing SRO/RR and, hence, has to be set aside.

b) The impugned order of the 3^rd Respondent has downgraded the applicants contrary to the 2^nd Respondent letter no. A/23733/DPC/OS8C(II), dated 25.11.2013, which is wilful.

c) The impugned order of the 3^rd Respondent in downgrading the applicants is contrary to the 2^nd Respondent Letter No. A/26576/Re- designation/OS-8C (Policy), dated 04.06.2014, and, hence, has to be set aside.

d) The impugned order has been passed without any notice to the applicant, having wrongly promoted them vide Appx-'A' DO Part-I 86/Est, dated 29.01.2014, and DO Part-II No. 58/2014, dated 12.04.2014, to the post of Carpenter Semi Skilled instead of Carpenter Skilled which is violative of the principle of natural justice and, hence, has to be set aside;

e) The impugned order is discriminatory and in violation of Article 13, 14 and 16 of the Constitution of India and the decisions of the Hon'ble Apex Court, as it is done to only selective employees and not to all the persons who had been promoted from Semi Skilled to Semi Skilled, i.e., Promotion from the Grade Pay of Rs. 1800/- to Rs. 1800/- and, hence, has to be set aside.

f) The impugned order also suffers from other infirmities as originally the Respondent ought to have promoted the applicants as per the GOI, MOD letter No. 410/2013 (CIV-I), dated 27.02.2013, and the existing SRO/RR, as Carpenter Skilled, which was not done but promoted as Carpenter Semi Skilled with the same Grade Pay without granting any increment. Instead of rectifying the above mistake, the Respondents have again made the mistake of downgrading the applicants to the original trade of Tradesman Mate, contrary to the existing SRO/RR, MOD order ( 1^st Respondent) and the IHQ of MOD (Army) ( 2^nd Respondent) order and, hence, has to be set aside.

3.1.