ORDER

PER: HON’BLE MRS. SHALINI MISRA, ADMINISTRATIVE MEMBER

1. The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking therein the following relief:

“To quash and set aside the impugned proposal for filling up of the departmental promote quota of 3 Technical assistants vide Memo No.12- 14/2015 – M & T (Admn.) dated 03.09.2015 being illegal, arbitrary and contrary to the recruitment rules and consequently declare the action of the respondents is violative of Article 14 and 16 of Constitution of India and restore the original seniority list prior to the combined seniority list dated 01.01.2015 in pursuance of the new recruitment rules and be pleased to pass such order or orders as this Hon’ble Tribunal may deem fit and proper to the circumstances of the case.”

2. The brief facts of the case as pleaded by the applicant are that the applicant was initially appointed as Tube Well Operator(now known as Technician) on20.02.1997 with Grade Pay of Rs.1900/- in the pay Band of Rs.5200-20200. Being succeeded in the selection process conducted to the post of Senior Technician, the applicant got appointed as Senior Technician with Grade Pay ofRs.2400 of PB-1 on 18.06.2009. He was at Sl.No.3 in the seniority list preparedas on 01.01.2012 in the cadre of Senior Technician originally consisting of 5 officials and 1 more Sr.Technician is added by way of nomenclating Electrician Grade I to that of Sr.Technician and thus the said post has been added to the cadre strength and the employee holding the said post of Electrician Grade I who assumed the status of Sr.Technician will be placed in the common seniority list whereby the original seniority list consisting of 5 employees would undergo change in terms of replacement of seniority. On receipt of therestructured/common nomenclature proceedings dated 02.04.2013, the applicantmade a representation dated 30.04.2013 whereby he contested the legality and validity of the common nomenclature memo saying that by way of adding Electrician Grade I to the cadre of Senior Technician by way of common nomenclature, the cadre strength is increased from 5 to 6. He has also drawn the attention of the 1st respondent saying that though the other department like the CPWD, Railway etc., have also made common designation, but with specifictrades i.e. Junior Engineer Civil, Junior Engineer Mechanical, Jr.Engineer Electrical. On the same analogy, it is requested that all the five posts previously existing may have to be designated as Sr.Technician and the one which was redesignated from Electrician Grade I is to be nomenclated as Sr.Technician (Electrical). According to the recruitment rules, the technician with 5 years experience and educational qualification of degree or diploma in agriculture engineering of ITI in Motor Mechanic, Tractor Mechanic, Farm Mechanic, Diesel Mechanic are eligible for the next promotion of Training Assistant now known as Technical Assistant. According to the earlier Recruitment Rules, 2007dated 13.03.2007, the qualifications for promotion to the cadre of Training Assistant now known as Technical Assistant are, Technician with 5 years of regular service with qualification of degree or diploma in agriculture engineering or ITI Certificate in Motor Mechanic/Tractor Mechanic/Farm Mechanic/ Diesel Mechanic or equivalent with 5 years experience in operation and maintenance of tractor/heavy transport vehicle and should have currentdriving license of tractor/heavy vehicle. As per the Office order No.1-4/98-Estt.Dated 17.09.2013 issued by the 2nd respondent, wherein the cadre strength with details of the posts is mentioned according to which there are 5 technical assistants, 6 senior technicians including the Electrician Gr.I post that wasredesignated as Sr.Technician etc. the 1st respondent vide his Memo dated25.08.2014 have gone on record to admit that ‘the very purpose of amendment of Recruitment