Ad-hoc service in temporary Railway Electrification projects does not count for seniority in parent railway cadre.

ORDER

By Hon’ble Mr. Mohan Pyare, Member (A)

Present Original Application has been filed by the applicant seeking the following reliefs:

“i) This Hon’ble Tribunal may be pleased to quash the impugned order 16.09.2009 passed by the respondent No. 1 (Annexure A-1 to this original application).

ii) This Hon’ble Tribunal may be pleased to issue direction to the respondents to count the adhoc services rendered by the applicant as ASTE for purposes of reckoning the seniority in the aforesaid grade.

iii) This Hon’ble Tribunal may be pleased to direct the respondents to treat the applicant as regularly promoted ASTE w.e.f. 1.8.1989.

iv) This Hon’ble Tribunal may be pleased to direct the respondents to consider the applicant for consequential further promotions after assigning him seniority of ASTE w.e.f. 1.8.1989.

v) This Hon’ble Tribunal may be pleased to direct the respondents to give all consequential benefits including monetary benefit thereof.

vi) Any other relief, which this Hon’ble Tribunal may deem fit and proper in the circumstances of the case may be given in favour of the applicant.

vii) Award the costs of the original application in favour of the applicant.”

2. Brief facts of this case as narrated in the Original Application are that the applicant was initially appointed on 03.04.1986 as Signal Inspector Grade-I in the pay scale of Rs. 700-900/- in Railway Electrification. The designation of the signal inspector has now been redesignated as Section Engineer (Signal). The applicant was offered first posting on 01.08.1987 as Chief Signal Inspector (Planning and Design) under the Chief Project Manager, Railway Electrification, Bhopal. On 01.08.1989, the applicant was promoted as ASTE, Itarsi on adhoc basis and was given posting under the Chief Project Manager, Bhopal. On 29.04.1992, the applicant was transferred as ASTE Railway Electrification, Ambala and thereafter to Railway Electrification Danapur on 03.11.1997. On 13.04.1999, the applicant was given posting as ASTE Core Allahabad and immediately after sometime he was again shunted to Railway Electrification, Lucknow as ASTE after which he was again transferred to the office of RITES New Delhi as Manager Signal and Telecom (S&T) and thereafter on 03.05.2003 to Railway Electrification Ranchi as ASTE, on 09.08.2004 to Nazibabad as ASTE and on 22.11.2004, he was posted as Assistant Signal and Telecom Engineer CORE, Allahabad. Subsequently, on 10.01.2005, the applicant preferred a representation upon respondent No.2 for regularization of his services on the post of ASTE and for the benefit of seniority from the date of his adhoc promotion as ASTE Railway Electrification. On 01.07.2007, the applicant was regularly selected in the examination of ASTE held by the respondent No.1 consequent upon which on 27.07.2007, the applicant was issued a letter for regular posting w.e.f. 01.07.2007 at CORE Allahabad. In continuation to his earlier request for regularization of his services as ASTE w.e.f. 01.08.1989, the applicant submitted an appeal before respondent No.3 on 09.09.2008. On 12.10.2008 the G.M. (P) CORE Allahabad issued a letter to the Chief Signal and Telecom Engineer intimating him that a representation dated 10.01.2005 was received from the applicant which was forwarded to the CSTE and further action upon the same was kept pending on the direction of the CSTE as by that time the applicant was not regularized in the aforesaid grade. On 12.02.2009, the representation of the applicant for consideration of seniority in junior scale (ASTE) from 01.08.1989 was forwarded to respondent No.1. On 16.09.2009, the office of respondent No.1 turned down t