The Tribunal upheld lawful administrative discretion in restructuring promotion criteria based on amalgamation of posts while emphasizing the importance of adapting to organizational efficiency without undermining employee rights.

ORDER

HON'BLE Mr.K.V.EAPEN, ADMINISTRATIVE MEMBER

This Original Application (OA) is an example of how an application originally filed asking for a specific set of reliefs later morphs into in effect a very different set of reliefs. The applicant had initially filed the O.A seeking the following relief :

1. Call for the records leading to the issue of Annexure A-9 and Annexure A-10 and set aside Annexure A-9 and Annexure A-10.

2. Call for the records leading to the issue of Annexure A-2 Recruitment Rules and set aside Annexure A-2 Recruitment Rules .

3. Direct the respondents not to proceed with Annexure A-17, as the same takes away/diminishes the promotional prospects of qualified persons in the feeder category awaiting promotion.

4. Declare that amalgamation of posts as done in Annexure A-9 and Annexure A-10, solely on the basis of identically of pay scales/grade pay, without due regard to educational qualification, nature of duty and work for each posts, is illegal and arbitrary and the same is vitiated by non application of mind.

5. Direct the respondents to consider the promotion of the applicant in terms of the Recruitment Rules that was in force prior to 04.03.2015 (date of commencement of Annexure A-2 Recruitment Rules ) towards the vacancies that existed prior to Annexure A-2.

6. Any other further relief or order as this Hon'ble Tribunal may deem fit and proper to meet the ends of justice.

7. Award the cost of these proceedings to the applicant.

The broad issues in the O.A are as follows :

2. The applicant submitted that he had entered service under the respondents as a Sub Regional Employment Officer (SREO). At the time of filing the O.A on 16.03.2016 he had also submitted that he had not secured any promotion for a period of 25 years. Further, he submitted that he had been working as SREO at the Coaching-cum-Guidance Centre for SC/STs at Thiruvananthapuram, an office of the Ministry of Labour and Employment (MoLE) of the Government of India which is directly under the Directorate General of Employment and Training (DGET). Such Coaching-cum-Guidance Centres for SC/STs have been functioning in the country since 1969. Their aim is to provide vocational guidance and career information at appropriate stages to the SC/STs population. The aim is to increase their employability through coaching and training. The applicant at the time of filing the O.A was in the pay scale of Rs.9300-34800 with a Grade Pay of Rs.4600/-. He submitted that he had been drawing this pay with effect from 19.10.2005. He had filed the O.A aggrieved by his non promotion from the post of SREO to the next higher post of Assistant Director of Employment Exchange. He was also aggrieved by the fact that he could have been further promoted as Deputy Director of Employment Exchange if he had been promoted to the post of Assistant Director of Employment Exchange, prior to his date of superannuation on 31.08.2018.

3. It is submitted that the Recruitment Rules called the Directorate of Employment, Directorate General of Employment and Training (Group 'A' Gazetted Post) Recruitment Rules , 1994 provided for promotion of persons like the applicant from the grade of SREO to the level of Joint Director of Employment Exchanges. A copy of these Recruitment Rules of 1994 has been produced at Annexure A-1. The applicant submits that while he was awaiting promotion to the posts of Assistant Director of Employment Exchange/Deputy Director of Employment Ex