Prabhat Kumar Prabhakar vs M/o Labour - 2020 Supreme(Online)(CAT) 1688

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2020 Supreme(Online)(CAT) 1688

1 OA.Nos.165/2018 & 97/2018 CENTRAL ADMINISTRATIVE TRIBUNAL, MUMBAI BENCH, MUMBAI. O.A.165/2018 with O.A.97/2018 Dated this Thursday the 17^th day of February, 2022. Coram: Dr.Bhagwan Sahai, Member (Administrative) Ravinder Kaur, Member (Judicial). O.A.165/2018
1. Devendra Kumar Jha, Working as Sr.SSA Nasik, R/at: Flat No.4, Vinayak Apt., Alkapuri, Pathardiphata, Nashik.
2. Sunil Kumar Gupta, Working as Sr.SSA, R/at: Riverwood Park, Bldg. No.25, Room No.701, Kalyan Shil Road, Dombivali (East), Thane – 421 201.
3. Jitendra Prasad, Working as Sr.SSA, R/at: Bhavishya Nidhi Enclave, 2 TR B-12 Plot No.P-11, MIDC, Satpur, Nashik – 422 007.
4. Devendra Chanchal Dhole, Working as Jr.Hindi Translator, R/at: Bhavishya Nidhi Endive, 2 TR B-05 Plot No.P-11, MIDC, Satpur, Nashik – 422 007.
5. Bhabesh Kumar Jha, R/at: Flat No.306, 3rd Floor, Siddhivinayak Meher, Plot No.192, Sector 19, Ulwe, Navi Mumbai RO Vashi.
.. Applicants in OA.165/2018. ( By Advocate Shri V.A. Nagrani ). Versus
1. Union of India, through the Secretary, Ministry of Labour & Employment, 2 OA.Nos.165/2018 & 97/2018 Government of India, Bhavishya Nidhi Bhawan, 14-Bhikaji Cama Place, New Delhi – 110 066.
2. Central Provident Fund Commissioner, Employees Provident Fund Organization, Bhavishya Nidhi Bhawan, 14-Bhikaji Cama Place, New Delhi – 110 066.
3. The Additional Central Provident Fund Commissioner (H.R., H.Q.), Ministry of Labour & Employment, Government of India, Bhavishya Nidhi Bhawan, 14-Bhikaji Cama Place, New Delhi – 110 066.
4. The Regional Provident Fund Commissioner (Examination), Ministry of Labour & Employment, Government of India, Bhavishya Nidhi Bhawan, 14-Bhikaji Cama Place, New Delhi – 110 066.
5. Additional Central Provident Fund Commissioner,, Bhavishya Nidhi Bhawan, (Provident Fund Building), Ramdas Nayak Road, 341, Bandra (East), Mumbai – 400 051.
6. Kumar Siddhartha,
7. Nitin Jain,
8. Shyam Prakash Narayan Singh,
9. Ravi Kumar,
10. Madhav Jha,
11. Shankar Kumar Jha,
12. Amruta Nilesh Patankar,
13. Pankaj Kumar Trivedi,
14. Niraj Kumar Sinha,
15. Kumar Gaurav,
16. Sanjeev Kumar Mishra,
17. Suraj Prakash Prajapati.
.. Respondents in OA.165/2018. ( By Advocates Ms.P.C. Janvekar for official respondents and Shri R.R. Shetty for private respondents no.6 to 17 ). O.A.97/2018
1. Prabhat Kumar Prabhakar, Working as Sr.SSA, Regional Office EPFO, RO Vashi, Add: Flat No.E/1002, “TULIP”, Pratik Garden, Plot No.153-165, 3 OA.Nos.165/2018 & 97/2018 Sector 34, Kamothe, Tal. Panvel, Dist. Raigad – 410 209.
2. Sundip Sunny, Working as Sr.SSA, Regional Office EPFO, PCMC, Commercial Complex, Pune II, Add: Flat No.106, A Wing, Victoria, Patil Nagar, Chikhali, Pune – 411 062.
3. Abinash Kumar Sinha, Working as Sr.SSA, Regional Office EPFO, PCMC, Commercial Complex, Pune II, Add: Flat No.205, Sanskruti-C, Samriddhi Project, Yashwant Nagar, Talegaon Dabhade, Pune – 410 507.
4. Manish Singh, Working as Sr.SSA, Regional Office EPFO, Golibar Maidan, Pune I, Add: C-6/25, Nirmal Township, Kalepadal Road, Sasane Nagar, Hadapsar, Pune – 411 028.
5. Varun Khanna, Working as Sr.SSA, Regional Office EPFO, Golibar Maidan, Pune I, Add: Anchor Apartment Building no.4, Flat No15, Opp. SRPF Gate No.2, 6, Wanwadi, Pune – 411 040.
.. Applicants. ( By Advocate Shri V.A. Nagrani ). Versus
1. Union of India, through the Secretary, Ministry of Labour & Employment, Government of India, Bhavishya Nidhi Bhawan, 14-Bhikaji Cama Place, New Delhi – 110 066.
2. Central Provident Fund Commissioner, Employees Provident Fund Organization, 4 OA.Nos.165/2018 & 97/2018 Bhavishya Nidhi Bhawan, 14-Bhikaji Cama Place, New Delhi – 110 066.
3. The Additional Central Provident Fund Commissioner (H.R., H.Q.), Ministry of Labour & Employment, Government of India, Bhavishya Nidhi Bhawan, 14-Bhikaji Cama Place, New Delhi – 110 066.
4. The Regional Provident Fund Commissioner (Examination), Ministry of Labour & Employment, Government of India, Bhavishya Nidhi Bhawan, 14-Bhikaji Cama Place, New Delhi – 110 066.
5. Additional Central Provident Fund Commissioner,, Bhavishya Nidhi Bhawan, (Provident Fund Building), Ramdas Nayak Road, 341, Bandra (East), Mumbai – 400 051.
.. Respondents. ( By Advocate Shri R.R. Shetty ). Order reserved on 03.12.2021 Order delivered on 17.02.2022

ORDER

Per : Dr.Bhagwan Sahai, Member (A). Shri Devendra Kumar Jha, working as Sr. SSA, Nashik and 4 others have filed O.A.165/2018 on 21.02.2018, seeking these reliefs:

(i) to set aside impugned orders dated 12.07.2017 and 03.01.2018 in respect of Maharashtra region under Employees Provident Fund Organization, with consequential benefits;

(ii) to hold that the respondents have illegally and arbitrarily reduced number of posts of Enforcement Officer / Accounts Officer;

and (iii) to direct the respondents to restore the vacancies as mentioned in notification of 20.04.2017 and fill up 61 posts of EO/AO from the selection panel prepared in pursuance to that notification and provide cost of this O.A. 5 OA.Nos.165/2018 & 97/2018 In O.A.97/2018 filed on 31.01.2018, Shri Prabhat Kumar Prabhakar and 4 others have sought the same reliefs as in O.A.165/2018 except direction to the respondents to consider the application for retotalling and issue of fresh merit list by conducting DPC meeting again.

2(a). The applicants are working as Sr. Social Security Assistants (Sr.SSA) with Employees Provident Fund Organization (EPFO), Regional Offices at Nashik, Mumbai, Bandra and Vashi which come under the Mumbai Zone of the EPFO. They have completed more than six years on the posts of Sr. SSA and claim to be eligible for promotion to the posts of EO/AO.

2(b). The EPFO notified Recruitment Rules for Enforcement Officers/Accounts Officers in 2015, according to which 50% of posts are to be filled up by seniority based promotion, 25% by promotion through Limited Departmental Competitive Examination (LDCE) and 25% through direct recruitment. Subsequently the Head Office of the respondent organization issued order on 27.01.2017 notifying the revised cadre strength of EPFO with cadre restructuring under which the cadre strength of EO/AO has been increased to 3072 posts from 2333. The respondents issued 6 OA.Nos.165/2018 & 97/2018 notification dated 20.04.2017 to conduct LDCE for promotion to 25% of vacant posts of EO/AO inviting applications from eligible candidates for vacancies in various regions which included 61 vacancies for Maharashtra Region. The applicants applied for the LDCE. Subsequently the Head Office of the Respondent organization issued corrigendum to 24.04.2017 notification indicating the date of vacancies as on 31.03.2017 instead of on 31.03.2018. 2(c). The Head Office Circular dated 09.01.2017 mentioned that the vacancies for the LDCE quota would be as existed on 26.12.2016. Then on 12.07.2017 the respondents have issued another order by which number of vacancies of EO/AO in Maharashtra region notified earlier came to be reduced to 15 from 61 and the LDCE was to be conducted for vacancies under LDCE quota as on 26.12.2016 i.e. before implementation of the restructured cadre. The applicants participated in the LDCE held on 13/14.11.2017. Result of this LDCE was declared by the respondents, along with marks of the candidates who qualified in the examination but marks obtained by the disqualified candidates were not mentioned.

2(d). Then by another notification dated 03.01.2018, results of the successful candidates were arranged in the order of merit with reference to marks obtained by them in the respective regions. This notification mentioned that applications for retotalling of marks may be submitted by the candidates within 15 days of declaration of the result. When the cadre restructuring was to be implemented, grade 7 OA.Nos.165/2018 & 97/2018 pay of Rs.4600/- of EO/AO was replaced with Rs.4800/-. Since

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