Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(CAT) 13743

CENTRAL ADMINISTRATIVE TRIBUNAL
K.HARIPAL, J, V.RAMA MATHEW, ACJ
A.V.Arunkumar – Appellant
Versus
The Union of India – Respondent
Original Application No.180/00021/2024 | Original Application No.180/00342/2020 | Original Application No.180/00721/2022 | Original Application No.180/00723/2022

Advocates:
For the Appellants/Petitioners: Mr.John.T.Paul
For the Respondents: Mr.Rajesh Sukumaran K, ACGSC [R1-7], Mr.M.T.Muraleedharan, ACGSC, Mr.M.N Manmadan, SCGSC, Mr.Rathish.H., ACGSC

The court affirmed that amendments to promotional criteria without appropriate safeguards for existing employees violate established guidelines, mandating corrective action.

Headnote:(A) Recruitment Rules - Amendment of Recruitment Rules, 2013 - Challenged on grounds of malfeasance and nonfeasance - Increase in service requirement for promotion from 5 years to 8 years is found to violate DoP&T guidelines - No prior hearing afforded to affected parties leads to dismissal of changes as arbitrary. (Paras 1-12)

(B) Promotion Criteria - Non-applicability of enhanced service requirement for existing feeder category acknowledged - Dismissal of the O.As and directive for corrective provision insertion established legal consistency with DoP&T guidelines - Respondents directed to amend the rules as required. (Paras 11-12)

Facts of the case:
Applicants, previously designated as Assistant Store Keepers, argue that the increase in regular service requirement for promotion contravenes the existing guidelines and affects their promotional prospects without due process.

Findings of Court:
The Tribunal directs the Ministry to rectify the Recruitment Rules by including provisions that would protect the rights of existing personnel holding feeder positions at the time of the amendment.

Issues: The legal issue of whether the revised requirement for promotion was consistent with DoP&T guidelines and whether existing staff should have protected status under the previous rule.

Ratio Decidendi: The court found that the increase in service could not be justified as per the existing manifestation of DoP&T guidelines and that the failure to consider pre-existing personnel's rights in the amendment was a failure of due process.

Result: O.As disposed of with direction for rule amendment to restore promotional eligibility.

Judgement Key Points

Key Points: - The tribunal held that increasing the regular service requirement from 5 to 8 years for promotion violates DoP&T guidelines and due process due to lack of prior hearing. (!) (!) - The Tribunal directed amendments to Recruitment Rules to include provisions protecting the rights of existing personnel holding feeder positions at the time of amendment. (!) (!) - The decision requires inserting a note to give effect to guidance (saving clause) so that existing feeder-category employees continue under prior qualifying service, and to reconsider cases for promotion under amended Rules. (!) (!) - It emphasized that amendments should reflect DoP&T guidelines and ensure non-discrimination between existing feeder staff and new direct recruits. (!) (!) - The O.As are disposed of with direction for rule amendment and reconsideration of promotion eligibility within three months. (!)

What is the legality of increasing the service requirement for promotion from feeder category from 5 to 8 years without protecting existing employees?

What is the appropriate saving clause or corrective action required when amending Recruitment Rules to protect rights of existing feeder-grade personnel?

What are the directives issued by the tribunal regarding amending Recruitment Rules and considering promotions for existing staff?

Table of Content
1. the amendment of recruitment rules benefits should not erode existing employee rights. (Para 1 , 2 , 3)
2. changes in promotion requirements must align with established guidelines. (Para 4 , 5 , 6)
3. legitimate concerns over promotion unjustly affected by rule amendments. (Para 7 , 8)
4. prior promotion conditions to be respected unless adequately justified for change. (Para 9 , 10)
5. the necessity of procedural fairness in rule amendment processes. (Para 11)
6. directive issued to amend recruitment rules in line with due process. (Para 12)

ORDER

HON'BLE Mrs.V.RAMA MATHEW, ADMINISTRATIVE MEMBER

These O.As have been filed challenging Integrated Headquarters Ministry of Defence (Navy) Group 'C', Store House Staff (Naval Stores Organisations) Posts Recruitment Rules, 2013 dated 27.02.2014. We have taken O.A.No.180/342/2020 as lead case and the annexures referred to are from this O.A. The applicants who were working as Store Keepers in Indian Navy under Southern Naval Command, Kochi are aggrieved by the malfeasance and nonfeasance on the part of the naval authorities by increasing the regular period of service from 5 years to 8 years for promotion of Store Keepers to the post of Store Superintendent (Stores) which is against the DoP&T guidelines for framing/amendment/relaxation of Recruitment Rules. The applicants were joined as Assistant Store Keeper (now re-designated as Store Keeper) in the Indian Navy and the Naval Stores Storehouse Staff Association is their association representing for the welfare of the employees. They are direct recruits appointed during April, 2013 to the post of Assistant Store Keeper, a copy of which is produced as Annexure A-1, Annexure A-2 and Annexure A-3. It is submitted that all of them joined the service during April, 2013 and have completed 5 years of regular service in the feeder category for promotion to Store Keeper (now re-designated as Superintendent Store). In 2017 the Assistant Store Keeper and Store Keeper posts were re-designated as Store Keepers and Superintendent Store respectively.

2. At the time of joining they were governed by the Recruitment Rules notified by S.R.O 66 dated 17.02.1984, produced as Annexure A-4. While so, the 2^nd respondent had notified the Recruitment Rules, 2013 in the gazette vide S.R.O 18 dated 27.02.2014, produced as Annexure A-5. By the amendment, the regular service required for promotion from the feeder category of Assistant Store Keepers (now Store Keeper) to the Store Keeper (now Superintendent Stores) post was increased from 5 years to 8 years. This amendment increased the qualifying service for promotion from Store Keeper to Superintendent Stores from 5 years to 8 years, thus, adversely affecting their prospects of promotion and was in violation of DoP&T guidelines. The respondents did not hear the applicants prior to effecting the amendment. As per DoP&T guidelines a saving note is to be included in the new Recruitment Rules to continue the existing rules for the present feeder category, a copy of the O.M dated 31.12.2010 is produced as Annexure A-6.

3. Being aggrieved the applicants represented individually and through their association. The 5^th respondent has recommended the representation and forwarded it to the 2^nd respondent. A copy of the letter dated 10.05.2019 is produced as Annexure A-7. Since there was no reply, another reminder was forwarded to the 5^th respondent which was also recommended by the 7^th respondent and it was stated therein that 107 posts were lying vacant before the new Recruitment Rules were introduced and it increased to 265 vacancies in 2017. Non filling of these vacancies is adversely affecting the day to day functioning of the organization, this is produced as Annexure A-8. Annexure A-8 was rejected by the 4^th respondent stating that as per DoP&T guidelines O.M.No.AB.14017/61/2008-Estt.(RR) dated 24.03.2009, promotion from Grade Pay of Rs.1900/- to Rs.2400/- requires minimum 8 years of regular service and further

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