The prevailing rules at the time of promotion consideration, not the dates of vacancy, determine promotion rights.

ORDER

PER: DR. SANJIV KUMAR, MEMBER (A)

As these two Original Application Nos.170/316/2023 and 170/421/2023 have been filed with similar facts and identical law points, they are taken together for consideration. These O.As are filed under Section 19 of the Administrative Tribunals Act 1985 , claiming the following reliefs:

O.A No.421/2023

“a) Quash/set aside the order bearing No.20802/EST (IND) dated 26.6.2023, Ann-A5 and Daily orders Part II bearing Serial No.90/Est (Ind), dated 26.7.2023, Annexure A6 passed by Commandant and MD, 515 Army Base Workshop, Bengaluru Respondent no.2 herein so far as it pertains to applicant.

b) Pass any other order or direction that this Hon’ble Tribunal may deem it fit and necessary in the facts and circumstances of the present case and in the interest of justice and equity. ”

O.A No.316/2023

“a) Quash/set aside the orders bearing common No.20802/EST (IND) dated 5.5.2023 and 26.6.2023, as at Annexures A1 to Ann-A13 and Annexures A14 to A26 respectively passed by Commandant and MD, 515 Army Base Workshop, Bengaluru Respondent no.2 herein in respect of applicants 1 to 13.

b) Pass any other order or direction that this Hon’ble Tribunal may deem it fit and necessary in the facts and circumstances of the present case and in the interest of justice and equity. ”

2. For the purpose of precision and clarity, we have taken the facts of O. A 170/316/2023 for discussion.

The Original Application is filed on the grounds as mentioned in Paragraphs 5.1 to 5.14 of the Original Application. The brief facts as explained by the applicants in O. A 316 of 2023 are that the applicants are the holders of a Civil post under the Ministry of Defense and are working in the ‘Machinist’ Trade in 515 Army Base Workshop at Bengaluru under respondent no.2. In 2003, the Ministry issued a Grade structure providing Skilled to Highly Skilled positions. Again, in Highly Skilled positions, HS-II and HS-I grades are created, providing them Grade Pay of Rs.2400 and Rs.2800 respectively, in terms of 6th Pay Commission recommendations, resulting in the issuance of CCS (RP) Rules 2008 with benefits from 01.01.2006. Benefits of placement of the applicants from Skilled to Highly Skilled positions in terms of the 2003 restructuring order referred to above has been extended by the administration in their case as per the 1987 Recruitment Rules by order dated 9.3.2011 in the case of applicants 1 to 11 & Respondent No.5 retrospectively from a date prior to coming into force of the 2006 Recruitment Rules brought in force w.e.f 18.2.2006. In respect of applicants 12 & 13 on the same analogy, promotion is ordered by the administration by order dated 27.4.2011. This situation led to further litigation leading to the administration’s seeking to undo the promotions ordered in respect of the applicants as stated above. This action initiated by the administration with the latest show-cause notice dated 5.5.2023 under Annexure A1 to A13 has culminated in adverse orders dated 26.6.2023 under Annexure A14 to Annexure A26. In the instant common application supported by separate MA seeking permission to pursue the cause of the actions of R-2 Administration under Annexures A1 to A26 pertaining to the applicants herein are impugned and are requested to be set aside.

3. On notice, the respondents have filed their separate reply statements for respondent nos.1 to 4 and for respondent no.5. No rejoinder has been filed by the applicants.

4. The 5^th respondent in O.A 316 of 2023 is the applicant in O.A 170/421/2023.

5. The case came up for final hearing on 10.12.2024. Shri.P.A Kulkarni for the applicants and Shri.Vishnu Bhat f