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2024 Supreme(Online)(CAT) 8134
CENTRAL ADMINISTRATIVE TRIBUNAL
S. Sujatha, Member (J), Rakesh Kumar Gupta, Member (A)
P. M. Janardanan – Appellant
Versus
Union India – Respondent
ORIGINAL APPLICATION NOS.170/458 & 459/2022
For the Appellants/Petitioners: K. Govindaraj
For the Respondents: Vishnu Bhat, Sr. Panel Counsel
Reversion orders invalid without show cause notice, violating natural justice principles despite erroneous promotions.
Headnote:The applicants, naval base employees, were promoted to Master Grade II and Engine Driver 2nd Class in 2014 under SRO 54/1981 without requisite competency certificates, later reviewed via DPC leading to reversion orders in 2022. Court found promotions occurred despite lacking Certificate of Master 2nd Class I.S.V., but applicants served satisfactorily for over seven years, with some acquiring certificates subsequently. Primary determination: reversion orders invalid for violating natural justice by lacking show cause notice or hearing. Main issues: Whether promotions without competency certificates under SRO 54/1981 were erroneous and rectifiable; if long service and subsequent qualification acquisition estop reversion without hearing. Ratio: "Prior to issuance of the reversion orders, no show cause notice has been issued to the applicants... This is in complete violation of the principles of natural justice." Review boards confirmed initial promotions erroneous, but procedural fairness mandates opportunity to respond. Impugned reversion orders set aside; respondents granted liberty to issue show cause notice, consider explanations, and decide per law after hearing. No costs ordered.
| Table of Content |
|---|
| 1. common issues allow joint disposal of applications. (Para 1 , 2) |
| 2. applicants challenge reversion lacking qualifications and hearing. (Para 3 , 5) |
| 3. respondents justify reversion for missing competency certificates. (Para 4) |
| 4. review dpc found erroneous promotions without certificates. (Para 6 , 7 , 8 , 9) |
| 5. reversions quashed for natural justice violation; fresh notice permitted. (Para 10 , 11 , 12 , 13) |
ORDER (ORAL)
PER: RAKESH KUMAR GUPTA, MEMBER (A)
1. Both the above Original Applications are taken up together for disposal, as a common question of law and facts are involved in both these cases. With the consent of learned counsels for the parties, the facts are being extracted from “O.A. No. 459/2022 titled Dushyant Lokur Ulvekar and Others versus UOI and others” and the said case has been treated as the lead case.
2. The applicants have filed the Original Application No. 459/2022 under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
a) To quash the order No. HAD/5231 dated 10/10/2022 passed by Respondent No. 8 (Annexure-A29) vide which the applicants have been reverted from their present grade and placed in their original post of Syrang of Lascar in the pay scale of Rs. 5200-20200 with Grade Pay of Rs. 2400/- with effect from the date of their initial posting.
b) To direct the respondents to continue the applicants in the cadre of Master Grade II with all consequential service benefits.
c) Pass any other appropriate orders as this Tribunal deems fit to grant, in the facts and circumstances of the case.
3. The facts of the case as averred by the applicants in their pleadings, are as follows:
a) The Applicants were appointed on regular basis as "Sukhani" (Boat Crew) by Headquarters, Western Naval Command, and Mumbai and posted to Naval Base, Karwar. Their appointments were made in the year 2007-2009. The applicants were promoted to the next higher grade i.e., Master Grade II. The applicants assumed their duties in the promotional cadre w.e.f., 10.04.2014 (Annexure-A7) itself vide Order No. 32/2014 dated 23.05.2014.
b) After about 07 years from their promotion, there was a move to reconsider their promotions on the ground that they did not have the required qualification/certificates. As per the C & R Rules, the next higher cadre i.e., Master Grade II can be filled up both by direct recruitment as well as by promotion. For Direct Recruitment the qualification prescribed is Certificate of Master 2nd Class L S V with at least 2 years’ experience in independently handling a craft of 20 horse power. For promotion, the same qualifications as prescribed for direct recruitment are required but age criteria and experience are not required.
c) It was the intention of the concerned to conduct necessary exams so that the applicants would acquire the necessary qualifications/certificates. In the meanwhile, one of the applicants namely Santhosh Ulvekar (Applicant No.6), acquired the qualification of Master Grade II certificate (second class Master Certificate). Other Applicants have also undergone required training but yet to get the certificates.
d) The applicant Santhosh Maruthi Ulvekar (Applicant no: 6 in the OA), filed a memo dated 2.2.2024 stating that he is not interested to pursue the application and the OA may be dismissed as withdrawn insofar as it relates to him. Accordingly, the OA was dismissed in so far as this applicant was concerned on 2.2.2024.
e) The Applicants have all the while discharged their duties as Master Grade II. Their performance in the cadre is very satisfactory. In appreciation of their services, they have obtained various certificates, appreciations etc.
f) On 10.10.2022 the Respondent No: 8 passed an order cancelling/withdrawing the promotions given to the applicants and reverting them to their original cadre i.e., “Syrang of Lascar”. While doing so, no opportunity of hearing has been provided to applicants. Not even a show cause notice has been issued to them.
g) Th
