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2025 Supreme(Online)(CAT) 11568
CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. Rajiv Joshi, Member (Judicial), Mr. Anjani Nandan Sharan, Member (Administrative)
Umesh Chandra Tripathi, Ashok Pandey, Basant Singh, Ashok, Raj Narayan Yadav, R.P. Singh, Siya Ram, Alok Sonwani – Appellant
Versus
The Secretary, Government of India, Ministry of Communication, Bharat Sanchar Nigam Ltd. – Respondent
Original Application No.1037 of 2024
For the Appellants/Petitioners: Shri Santosh Tripathi, Shri D.K. Srivastava
For the Respondents: Mr. Anil
The tribunal reaffirmed that previously granted benefits under the ACP cannot be withdrawn retroactively due to changes in qualification standards, emphasizing protection of vested rights.
Headnote:(A) Central Administrative Tribunal Act, 1985 - Section 19 - Promotion/Financial Upgradation - The Tribunal quashed the orders withdrawing the benefits of the 2nd ACP granted to applicants and restored the original provisions, affirming that the 1977 OM regarding equivalence of Diploma and experience to a degree is valid, referencing CAT principles to ensure justice for long-serving employees. (Paras 14, 15)
(B) Equity and Justice - The withdrawal of benefits based on subsequently declared fictitious qualifications cannot result in retrospective application. The principle that withdrawal of vested rights is impermissible in law was reiterated, ensuring applicants receive benefits due under the law. (Paras 12, 13)
Facts of the case:
The applicants were denied rightful promotion and benefits under the ACP scheme despite meeting the necessary educational qualifications and professional experience due to administrative lapses, reflecting procedural injustices within the BSNL policy framework.
Findings of Court:
The orders withdrawing benefits were set aside, reinforcing the original promotion order and directing timely implementation of all consequential benefits.
Issues: The primary issues included whether the educational qualifications claimed by the applicants were valid and applicable for promotion under existing rules and the legality of withdrawing granted benefits retroactively.
Ratio Decidendi: The Tribunal concluded that benefits once accorded could not be withdrawn based on a declaration made after the fact, emphasizing the need for fairness in administrative actions and assurance that employees receive due recognition for tenure and qualification.
Result: Instant original application stands allowed.
| Table of Content |
|---|
| 1. introduction of case and parties involved. (Para 1 , 2) |
| 2. background of applicants' service and eligibility for promotions. (Para 3) |
| 3. clarification on educational eligibility based on past standards. (Para 4) |
| 4. counterarguments regarding the non-validity of claimed qualifications. (Para 5) |
| 5. arguments supporting applicants’ claims to eligibility. (Para 6 , 7) |
| 6. court observations on previous rulings affirming applicants' rights. (Para 8 , 9 , 10 , 11) |
| 7. emphasis on the principle of non-retrospectivity in administrative orders. (Para 12 , 13) |
| 8. final ruling and directive to restore benefits. (Para 14 , 15) |
| 9. conclusion of the case outcome. (Para 16 , 17) |
ORDER
By Justice Rajiv Joshi, Member (Judicial):-
Heard Mr. Santosh Tripathi, assisted by Shri D.K. Srivastava, learned counsel for the applicant and Mr. Anil , learned counsel for the respondents at the time of hearing.
2. The instant Original Application under Section 19 of the Central Administrative Tribunal Act , 1985 has been filed for the following reliefs:
(i) This Hon’ble Tribunal may kindly be pleased to quash the order dated 22.12.2018 issued by the respondent-5.
(ii) This Hon’ble Tribunal may kindly be please to direct the respondents to relase the subsequent financial upgradation along with consequential service benefits like arrears of pay and allowance etc. due to applicant after the order dated 09.09.2015.
(iii) This Hon’ble Tribunal may kindly be pleased to quash the order dated 05.02.2019 passed by respondent-5 to reduce the pay scale of the applicant.
(iv) To pass such other orders which are found just fit and proper under the circumstances of the case.
3. The brief facts as stated by the applicant in the Original Application is that the applicants were initially appointed on the post of Junior Engineer (Civil) in erstwhile Department of Telecommunication between the year 1978 to 1980 through the Recruitment made by Department of Telecommunication vide Recruitment Rules, 1976, wherein it was specially mentioned that for promotion from J.E (Civil) to A.E(Civil), who have passed the departmental examination and have rendered not less than 8 years of regular service. All the applicants had passed the required examination in time but not given promotion on completion of 8 years of service. Thereafter, said Department was bifurcated into Department of Telecom & Department of Postal and for the post of Junior Engineer (Civil) education qualification was Diploma in Civil stream in the Recruitment Rules. The applicants were promoted to the post of Assistant Engineer (AE) Civil in the violating the Recruitment Rules, 1976 (i.e not after rendering 8 years of service) but they were promoted after rendering more than 17 years of service.
3.1 The Government of India introduced Assured Career Progression Scheme (ACP) on 9th August, 1999 to give next higher scale of the hierarchy to the employee as first ACP on completion of 12 years of regular service in a scale and 2nd on completion of 24th of regular service and if any promotion is granted to them, within 12 years of service then 2nd ACP directly on completion of 24 years of service in the next higher scale of their hierarchy. The hierarchy of applicants is Junior Engineer (Civil) to Assistant Engineer (Civil) to Executive Engineer (Civil) to Superintending Engineer (Civil) etc. Accordingly, the applicants have granted 2nd ACP benefits after completion of 24 years of service vide order dated 09.09.2015.
3.2 The Government of India created Enterprise namely Bharat Sanchar Nigam Ltd. (BSNL) in addition to already existing enterprises namely Mahanagar Telephone Nigam Limited (hereinafter referred to as BSNL/MTNL) w.e.f. 01.10.2000. The process for absorption and notification etc. started in the year 2001-02. The DOT invited options from its employees willing to be absorbed in these Nigams on certain Terms and Conditions. The applicants submitted their option for absorption in BSNL and accordingly they have been ab
