Lien entitles promotion in parent cadre until closure; post-absorption, parent unit lacks jurisdiction to cancel implemented promotions.

O R D E R

Per : Kumar Rajesh Chandra, Administrative Member

1.The Applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief:

“8.1 That your Lordships may graciously be pleased to quash and set aside the impugned order dated 01.12.2017 together with Show Cause Notice dated 05.06.2017 as contained in Annexure-A/1 & A/9 respectively whereby the promotion of the Applicant to the post of Senior Clerk and Office Superintendent (E) has been cancelled.

8.2 That your Lordships may further be pleased to direct/ command the Respondents to treat the promotion of the Applicant as Senior Clerk and Office Superintendent (E) with effect from 02.06.2009 and 01.11.2013 at par with his juniors as contained in Annexure-A/5, A/6, A/7 & A/8 respectively are just and Patna valid and requires no interference.

Bench 8.3 That your Lordships may graciously be pleased to direct/ command the Respondents to grant all consequential benefits in favours of the Applicant. 8.4 Any other relief or reliefs including the cost of the proceeding may be allowed in favour of the applicant.”

2. For the sake of clarity, facts in the case as stated by the applicant in his OA, are delineated and discussed herein under :-

The applicant is presently working as Office Superintendent (E) at Workshop Project, Chamber Bhawan, Patna, with his lien maintained at Rail Wheel Plant, Bela with effect from 15.01.2015.

The applicant was initially appointed under Respondent Nos. 5 & 6, i.e., Integral Coach Factory (ICF), Chennai, and was working as Junior Clerk there.While the applicant was working at ICF, Chennai, an Administrative Option dated 13.04.2007 was issued inviting willingness from employees for transfer to Rail Wheel Plant, Bela. In terms of the said option, the applicant submitted his willingness, which was duly forwarded on 23.04.2007 and subsequently accepted.The applicant was relieved from ICF, Chennai on 27.11.2007 and joined at Workshop Project, Chamber Bhawan, Patna on 30.11.2007. The said administrative option clearly stipulated that employees transferred on option would retain their lien in the parent Railway and would be entitled to promotion in the parent cadre until closure of the cadre at Rail Wheel Plant, Bela.Thereafter, ICF, Chennai issued a Seniority List of Clerk Grade-II (Junior Clerk) dated 05.02.2008, wherein the applicant’s name appeared at Serial No. 29.

Subsequently, the applicant came to know that his immediate junior, Sri S. Rajaram, whose name appeared at Serial No. 30 in the said  seniority list, was promoted to the post of Senior Clerk with effect from 02.06.2009. On the applicant’s representation, ICF, Chennai issued a promotion order dated 17.05.2010, granting the applicant promotion to the post of Senior Clerk with effect from 02.06.2009, i.e., from the date his junior was promoted. The said promotion was given effect to by Workshop Project, Patna vide order dated 25.05.2010.

Further, the applicant came to know that ICF, Chennai granted the benefit of restructuring to the post of Office Superintendent (E) with effect from 01.11.2013 to four juniors, including Sri S. Rajaram, but the applicant was ignored despite the admitted position that his lien continued with ICF and the cadre of Rail Wheel Plant, Bela had not yet been closed.

Upon the applicant’s representation, ICF, Chennai issued an order dated 26.10.2015, granting the applicant the benefit of restructuring to the post of Office Superintendent (E) with effect from 01.11.2013 in the pay band of Rs. 9300–34800 with Grade Pay Rs. 4200/-, at par with his juniors, though with a con