R.Mohajan & Ors vs Shefali Sengupta & Ors

the Central Administrative Tribunal, Calcutta Bench in CPC No. 113 of 2005 (O.A. No. 203 of 1997) whereby the Tribunal passed an order directing the appellants herein to be present in court on the next date of hearing for receiving the charges of contempt and adjourned the matter to 30.07.2010.

L.D.C. in DGS&D, Calcutta on various dates. Respondent Nos. 1 & 2 herein were further promoted as UDC in DGS&D. Their services were being utilized in purchase department for procurement against the ad hoc indents of the indenting Ministries/Departments. A decision was taken by the Central Government that the work relating to procurement could be transferred to the concerned department and in this view, the respondents were transferred vide order dated 08.04.1992 to the Office of General Manager, Eastern Railway, S.E. Railway, C.L.W. and Metro Railway. They were placed under the disposal of the Controller of Stores, S.E. Railway in their existing capacity, pay and grade w.e.f. 24.04.1992.

(b) On 18.10.1994, the Railway Board issued an order regarding the absorbed persons, who came to be transferred from DGS&D to Zonal Railways and Production Units wherein it has been mentioned that these employees may be absorbed in the Railways to which they have been transferred and assigned seniority on the basis of date of their regular promotion/appointment in the relevant grade. In terms of the order passed by the Railway Board, their absorption and seniority list was issued vide Office Order dated 10.02.1995. Based on the seniority list, they were given promotion to the next post of Head Clerk and Senior Clerk vide Office Orders dated 23.06.1995 and 31.10.1995 respectively. Subsequently their seniority was published in the grade of Head Clerk and Senior Clerk vide orders dated 28.07.2000, 12.07.2001, 29.10.2003, and 27.01.1994 placing at their appropriate place as per their original seniority assigned vide Office Order dated 10.02.1995.

(c) Questioning the said order of seniority, the respondents herein made several verbal representations to the authorities for promotion retrospectively, but no steps have been taken by them. Challenging the seniority list, the respondents filed O.A. No. 203 of 1997 before the Central Administrative Tribunal, Calcutta Bench, Kolkata. By order dated 09.05.2005, the Tribunal allowed the application filed by the respondents herein with a direction to the Department (appellants herein) to grant them their due seniority from the date of their appointment on their respective posts in DGS&D prior to their transfers to the Railways and they shall also be entitled to the benefits of next below rule with all consequential benefits except any arrear that may be payable shall be restricted to from the date of filing of the application and gave three months time to comply with the order. By office order dated 20.06.2005, the Chief Personnel Officer informed the respondents herein that their names do not come under the zone of consideration as per the seniority list published on 27.01.2004 and, therefore, they are not considered for the post of O.S. Grade II on restructuring basis.

(d) Not satisfied with the order passed by the Chief Personnel Officer, the respondents filed CPC No. 113 of 2005 (OA No.203 of 1997) before the Tribunal. The Tribunal, by order dated 07.04.2008 observed that there is difference of three years in the matter of promotion and granted two months’ time to the Department to comply with the directions and directed to list the matter on 17.06.2008 for orders. As the appellants herein were not fully implementing the orders, the Tribunal, vide order dated 23.03.2010, directed for issuance of Rule 8 notice to the contemnors/appellants herein returnable after two months and directed to list the matter for orders on 03.05.2010. On 30.03.2010, counsel for the contemnors/appellants herein appeared before the Tribunal and placed on record various documents to show that the orders were, in fact, complied with. Not satisfied with the report filed by the Department, the Tribunal passed the impugned order dated 11.06.2010 directing the contemnors/appellants herein to present before it to receive charges of contempt and adjourned the matter for 30.07.2010. (e) Against the said order, the appellants/Contemnors preferred this appeal by way of special leave before this Court.

The representationists may be informed accordingly serving one copy of this letter to each.

Sd/-

(B.N. SOREN) Sr. Personnel Officer (W) Copy to: COS/GRC for information and necessary action.

Sd/-

For Chief Personnel Officer”

13) In the light of the above discussion and of the factual information furnished, we are unable to sustain the impugned direction of the Tribunal in the order dated 11.06.2010, consequently the same is set aside. Inasmuch as the appellants have complied with the earlier order of the Tribunal dated 09.05.2005, the contempt petition is dismissed. The appeal is allowed. No order as to costs.

MARCH 30, 2012.