O R D E R (ORAL)

Hon’ble Mrs. Pratima K. Gupta, Member (J):-

1. The applicant was initially appointed as Junior Stenographer in one of the Institutes of Indian Council of Agricultural Research (ICAR), namely, Vivekananda Parvatiya Krishi Anusandhan Sansthan (VPKAS) on 14.02.2006. Thereafter, on his request dated 27.09.2007, the applicant was transferred from the said Institute to ICAR Headquarter by an order dated 26.11.2007 w.e.f. 16.11.2007. The applicant was due to be promoted to the post of Personal Assistant (PA) and accordingly, he preferred a representation for the same on 10.02.2016 claiming that in spite of his eligibility for the post of PA he is not being considered for promotion, followed by a reminder dated 12.05.2016. The respondents accepted that they have promoted similarly placed persons on 06.01.2017 ignoring the claim of the applicant for the reason that the applicant did not have the desired eligibility in terms of the Recruitment Rules (RRs). To clarify, the service rendered by the applicant at the Institute, that is, VPKAS was not counted towards the eligibility for the post of PA as is reflected in the impugned order dated 26.07.2017.

Aggrieved by the same, the applicant has filed the present O.A. seeking the following relief(s):-

“(i) To declare the action of respondents in not counting past regular service as Stenographer (Grade-III) in ICAR-VPKAS, Almora for determining eligibility for promotion to the post of Personal Assistant (P.A) at ICAR Hqrs. as illegal, arbitrary and unconstitutional and direct the respondents to consider and promote the applicant to the post of Personal Assistant (P.A) by counting his past service rendered as Stenographer (Grade- III) at ICAR- VPKAS, Almora with all consequential benefits from due date.

(ii) To set aside the impugned order dated 26.07.2017 and direct the respondents to consider the claim of applicant for promotion to the post of P.A from the date of promotion of Amit Bhaskar by holding review DPC/ DPC and by taking into account his entire service rendered as Stenographer (Grade-III) at ICAR- VPKAS, Almora and ICAR Hqrs., New Delhi as eligible service with all consequential benefits including arrears of pay.

(iii) To direct the respondents to ignore the conditions imposed vide office order dated 27.09.2007 / 26.11.2007 being contrary to judgment of Hon’ble Supreme Court of India and terms & conditions of appointment of applicant as well as DOP&T instructions.

(iv) To allow the OA with exemplary costs on the respondents.

(v) Any other or further relief which the Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case.”

2. Learned counsel for the applicant explains that at the relevant point in time, the applicant was initially working in one of the Institutes of ICAR on a regular basis as Junior Stenographer which is equivalent to the post of Stenographer Grade III. Therefore, he claims that the service rendered by him at one of the Institute be computed towards counting of service for promotion. He explains, admittedly, that the applicant was transferred on his own request to the ICAR Headquarters and his pay was accordingly fixed on the same pay scale to which he was working at one of the ICAR Institutes. Therefore, learned counsel claims that the applicant’s service could not be excluded from the eligibility for promotion to the post of Personal Assistant. He submits that the applicant is rendering continuous service with effect from 14.02.2006 itself.

3. Learned counsel for the respondents vehemently opposes the O.A. and while drawing attention to the order dated 26.11.2007 states that while the applicant was appointed on transfer basis at ICAR Headquarters, his pay was fixed at Rs. 4000-100-6000/- and this appointment was treated as a fresh appointment; accordingly, he was placed at the junior most level to all the existing Stenographers Grade III. He adds that this transfer was dated 26.11.2007 and the applicant has chosen to file this