Page 1 of 8 IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Transcription

1 IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) 1. GS W RATNESWAR MAJUMDAR S/O LATE A.C.MAJUMDAR, C/O EASTERN BASE WORKSHOP, P.O. TEZPUR, DIST. SONITPUR, ASSAM. 2 GS M DHUL SINGH, S/O LATE RAGHU RAJ SINGH C/O 1441 BCC PROJECT, VARTAK P.O. TEZPUR, DIST. SONITPUR, ASSAM. 3 GS L DINESH KUMAR RAI, S/O SRI BHAGIRATHI RAI, 4 GS A S.K.NEPAL, S/O SRI DHANPATI NEPAL, C/O 1441 BCC PROJECT, VARTAK, P.O. TEZPUR, DIST. SONITPUR, ASSAM. 5 GS R.A. GUJAR, S/O SRI GOBIND SINGH GUJAR, C/O 529 SSTC, GUWAHATI. 6 GS M VISHNU KISHORE JHA, S/O SUBUTH LAL JHA, C/O CHIEF ENGINEER, PROJECT VARTAK, P.O. TEZPUR, DIST.- SONITPUR, ASSAM. 7 GS N A.K.RAVI, S/O SRI BHANI SINGH, C/O 523 SSTC, VALUKPUNG, PROJECT VATAK. 8 GS W G.A.PILLAI, S/O SRI GOBINDA PILLAI, 597 TPT, PROJECT VARTAK, C/O 99 APO. 9 GS P SURENDRA BAITHA, S/O SRI SIAM BAITHA, C/O 523 SSTC, PROJECT VARTAK, P.O. 99 APO. 10 GS Y MOHAN CHANDRA BORA, S/O SRI TILAK CHANDRA BORA, C/O CHIEF ENGINEER, PROJECT VARTAK, P.O. TEZPUR, DIST.- SONITPUR, ASSAM. 11 GS W K. RAITA, S/O SRI SUKTA RAITA, 597 TPT, PROJECT VARTAK. 12 GS H RAJESH KUMAR, S/O SRI RAM DHANI GOPE, C/O 1068 F/W. P.O. GUWAHATI. 13 GS A N. SAIKIA, S/O SRI P. SAIKIA, 597 TPT, PROJECT VARTAK. Page 1 of 8

2 2 14 GS L MUKESH KUMAR, S/O SRI NANDU RAM, C/O CHIEF ENGINEER, PROJECT VARTAK P.O. TEZPUR, DIST. SONITPUR, ASSAM. 15 GS M RADHA KRISHAN, S/O SRI NANDANAN, C/O CHIEF ENGINEER, PROJECT VARTAK P.O. TEZPUR, DIST.- SONITPUR, ASSAM. 16 GS H SHAJE C, S/O SRI CHALAPPAN, C/O 523 SSTC, PROJECT VARTAK, P.O. 99 APO. 17 GS F JASWANT SINGH, S/O SARDARA SINGH, C/O EASTERN BASE WORKSHOP, P.O. TEZPUR, DIST. SONITPUR, ASSAM. 18 GS X, IQBAL KHAN, S/O KALY KHAN, E&D, C/O 99 APO 19 GS A G. THIRUNVANUKKRAZU, S/O LATE K. GOPAL, C/O 1441 BCC, PROJECT VARTAK, P.O. TEZPUR, DIST.- SONITPUR, ASSAM. 20 GS F J.S.RANA, S/O DHARAM SINGH, C/O 1056 F/W, GUWAHATI, PROJECT DANTAK. 21 GS H SURENDRA SINGH, S/O SWEG SINGH, 22 GS M JEEVAN LAL, S/O GAIN SINGH, 23 GS F S.MURUGAN, S/O SUBHAYYA UPAYAR, C/O 47TF, GUWAHATI PROJECT DANTAK. 24 GS L BRAJENDRA KUMAR, S/O DHARU PRASAD, 25 GS X SAMSOR SINGH, S/O INDER SINGH, 26 GS H MOHINDER SINGH, S/O SAWAL SINGH, 27 GS K B.P.MISRA, S/O B.N.MISRA, 28 GS X A. ANTHONY, S/O SAKKARI, Page 2 of 8

3 3 29 GS P L.S.YADAV, S/O R.S.YADAV, 30 GS W SHEKH YUSUF, S/O GULAB YUSUF, C/O 47TF GUWAHATI, PROJECT DANTAK. 31 GS H PREM CHAND PRASAD, S/O CHANDER DEEP PRASAD, C/O 1056 F/W GUWAHATI, PROJECT DANTAK. 32 GS N HANS RAJ, S/O HOSHIYAR RAM, C/O 339 SPL/63 RCC TAMULPUR PROJECT DANTAK. 33 GS H. N.P.SINGH, S/O GURDEEP SINGH, C/O 1644 PNR COY, GUWAHATI PROJECT DANTAK. 34 GS N CHOUR SINGH S/O JAGAN NATH, C/O 1644 PNR COY, GUWAHATI PROJECT DANTAK. 35 GS T, JANARDHAN CHOUBEY S/O VIDHYADHAR CHOUBEY, C/O 529 SSTC, GUWAHATI, PROJECT DANTAK. 36 GS L. PARKASH CHAND S/O TULSI RAM NEGI, 105 RCC PROJECT VARTAK, C/O 99 APO. 37 GS M, RAJINDER SINGH S/O JINDA SINGH, C/O 529 SSTC, GUWAHATI, PROJECT DANTAK. 38 GS W, TEJ SINGH S/O PYARA LAL, C/O 529 SSTC, GUWAHATI, PROJECT DANTAK. 39 GS X, NARIENDAR PAL SINGH S/O KEHAR SINGH, C/O 1056 FD WORKSHIP, SECTION- 1 GUWAHATI PROJECT DANTAK. 40 GS N, SURESH KUMAR S/O DIWAN CHAND, C/O 64 RCC RANGIA, PROJECT DANTAK. 41 GS Y SUBI KUMAR, S/O SADANANDAN, C/O 64 RCC RANGIA, PROJECT DANTAK. 42 GS L, JOSE K, S/O K.C.KUNJACHAN, C/O 64 RCC RANGIA, PROJECT DANTAK. 43 GS A, SATNAM SINGH S/O RANDHIR SINGH, C/O 529 SSTC, GUWAHATI PROJECT DANTAK. Page 3 of 8

4 4 44 GS K, JAGDISH SINGH S/O B.S.PATHINA, C/O 529 SSTC, GUWAHATI PROJECT DANTAK. 45 GS F, DINESH KUMAR, S/O RAJA RAM, C/O 446 RMP, 64 RCC DOLGAON, PROJECT DANTAK. 46 GS L. LAKHMINDER SINGH S/O PREM SINGH, C/O 304 SPL 64 RCC DOLGAON PROJECT DANTAK. 47 GS Y. AVTAR SINGH S/O RATTAN SINGH, C/O 529 SSTC, GUWAHATI PROJECT DANTAK. 48 GS L, SATPAL SINGH S/O KARNAIL SINGH, C/O 529 SSTC, GUWAHATI PROJECT DANTAK. 49 GS K, SATYAWAN, S/O SITA RAM, C/O 1056 FD WORKSHOP, GUWAHATI PROJECT DANTAK. Petitioners. VERSUS 1. THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF SURFACE TRANSPORT, NEW DELHI. 2 SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (DEPTT. OF PERSONNEL & TRAINING) NEW DELHI. 3 UNDER SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (DEPTT. OF PERSONNEL & TRAINING) NEW DELHI. 4 THE DIRECTOR GENERAL, BORDER ROADS, SENA SADAK, BHAWAN RING ROAD, DELHI CANT. NEW DELHI COMMANDANT, EASTERN BASE WORKSHOP (GREF), C/O 99 APO. 6 CHIEF ENGINEER, PROJECT VARTAK, C/O 99 APO. 7 CHIEF ENGINEER, PROJECT DANTAK, C/O 99 APO. 8 COMMANDAR, 47 TASK FORCE PROJECT DANTAK, C/O 99 APO. 9 THE SENIOR RECORD OFFICER, GREF RECORD DEGHI CAMP PUNE- 15 (MAHARSTRA). Respondents. Page 4 of 8

5 5 BEFORE THE HON BLE MR JUSTICE HRISHIKESH ROY For the petitioner : Mr. P. Mahanta Mr. P. Sarma Advocates. For the respondents : Mr. D.K. Saikia. CGC Date of hearing and Judgment : JUDGMENT AND ORDER Heard Mr. P. Mahanta, the learned Counsel appearing for the petitioners. Also hard Mr. D.K. Saikia, the learned Central Government Counsel (CGS), who appears for the respondents. 2. The 49 petitioners are employed as Motor Transport Drivers under the General Reserve Engineer Force in short GREF. Previously the Motor Transport Drivers were recruited in their concerned trade as MT (DRV) Ordinary and subsequently they are promoted to the higher rank of Leading Hand (Mechanical Transport). The promotees are then allowed to wear the rank stripes with their uniform to distinguish them from MT (DRV) Ordinary. But the earlier system of promotion of drivers was substituted through the circular dated (Page-35) under which, the two ranks of drivers were merged and the drivers in GREF were re-categorized in three Grades i.e. Ordinary Grade in the Scale of Rs EB ; Grade-II in the Scale of Rs EB and Grade-I in the Scale of Rs EB Subsequently with the recommendation of the 6 th Pay Commission, further movement to the special grade with higher pay scale, from amongst the Grade-I drivers, was also envisaged. 3. The grievance of the GREF drivers primarily relate to abolition of the practice of conferment of appropriate ranks/stripes on their placement in the higher Grade since as members of uniformed force, their status is determined by their rank and the worn insignia. The seniority of the personnel without the badge of recognition is usually unnoticed in the paramilitary force and moreover Page 5 of 8

6 6 they are deprived of the amenities meant for higher ranked staff. They contend that such recognition and amenities are important facets of the upgraded status of the uniformed employees, in the GREF organization. 4.1 Representing the petitioners Mr. P. Mahanta, the learned Counsel submits that rank recognition and the resultant better amenities though being denied to the drivers, is however being provided to the employees deployed in other trades in GREF and this has resulted in discrimination for those in the driving trade, in the GREF. 4.2 Moreover since upgradation of drivers to the higher rank is dependent upon availability of vacancies, the petitioners submit that when upgradation is not possible due to want of promotional vacancies, the drivers must be granted financial upgradation under the ACP Scheme which is applicable for all Central Government employees. 5.1 The employers are represented by the learned CGC Mr. D.K. Saikia and he makes his submission by referring to the two counter affidavits filed on and again on , by the respondents 4 to 9. The Counsel submits that under the R & P Rules 1982, promotion of MT (DRV) Ordinary was granted after 3 years (for matriculate) or in 5 years (for VIII pass), as may be applicable. But when promotion was earlier given to the cadre of Leading Hand (DRV), no financial benefit accrued through such promotion. Therefore in order to confer better package for the serving drivers in GREF, promotion scheme was introduced on to allow fitment in higher grades with corresponding better pay scale. 5.2 In so far as the demand for conferment of equivalent military ranks for the upgraded drivers, the CGC refers to the averments made in paragraph-12 of the first counter affidavit to project that this issue is under active consideration of the GREF authorities and a decision is expected to be taken shortly. 5.3 But according to the CGC, when the upgradation benefit is provided to the GREF drivers, they can t simultaneously claim the ACP benefits in the same organization. Page 6 of 8

7 7 6. The submission of the learned Counsel for both parties have received due consideration. What emerges therefrom is the fact that promotion of the drivers through fitment in the higher Grade and pay is currently envisaged in the GREF. But the demand for higher rank and badge for the drivers getting promotion, is still undecided by the employer. 7. As per prevalent system, promotion is subject to availability of vacancies and is not automatic on completion of the qualifying service and passing of the trade test. Therefore even after fulfilment of the eligibility criterion, promotion to the higher Grade may be denied to a driver, when vacancies are unavailable in the concerned year. 8. The importance of conferment rank and insignia and thus formal recognition of the uniformed promotees in a disciplined organization, is of considerable significance since recognition and higher rank, determine the status of the personnel. Moreover amenities in GREF and other paramilitary organizations are provided on the basis of the rank of the person. For instance an Ordinary driver even after upgradation to the higher Grade without conferment of the rank and badge will be ineligible for the amenities provided to his promoted colleagues from the other trades, in the same organization. Thus an element of discrimination for the drivers vis-à-vis other tradesmen in the GREF, can t entirely be ruled out. 9. In view of the above factors and having noted the projected stand of active consideration of the employer on the claim for conferment of ranks and badge for the upgraded driver, the following directions are issued: (i) The authorities of GREF should take a call on the demand for conferment of appropriate rank and insignia upon upgradation of drivers and the final decision in this regard should be taken expeditiously. (ii) When upgradation to higher Grade become impossible because of limited vacancies and a driver is made to serve in the same Grade without upgradation benefits for 12 years, the claim for ACP benefits for such drivers should also be considered by the employer, in a time bound Page 7 of 8

8 8 manner. (iii) The necessary consideration should be made on the above two claims of the serving drivers expeditiously and within 6 months of receipt of intimation of this order, from the petitioners. 10. With the above order, the case stands disposed of without any order on cost. JUDGE Datta. Page 8 of 8