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Central Administrative Tribunal, Ernakulam Bench

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Central Administrative Tribunal, Ernakulam Bench 1 CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH Original Application No. 180/00646/2015 Thursday, this the 10th day of January, 2019 CORAM: Hon'ble Mr. E.K. Bharat Bhushan, Administrative Member Hon'ble Mr. Ashish Kalia, Judicial Member Selin Joseph, aged 60 years, D/o. P.J. Joseph (Late), Assistant Library & Information Officer, Indian Naval Academy, Naval Academy PO, Ezhimala, Kannur District, Pin – 670 310, permanently residing at Pandinjare Purakkal House, Meenmutti (PO), Kodenchery, Kozhikode District. ..... Applicant (By Advocate : Mr. Dinesh P.T.) V e r s u s 1. Union of India, represented by Secretary to the Government of India, Ministry of Defence, South Block, New Delhi. 2. The Chief of Naval Staff, Integrated Head Quarters, Sena Bhawan, New Delhi, Pin – 110 011. 3. The Director of Civilian Personnel, Integrated Head Quarters, Ministry of Defence (Navy), Directorate of Civilian Personnel, Sena Bhawan, New Delhi – 110 011. 4. The Deputy Director (G), Integrated Head Quarters, Ministry of Defence (Navy), Directorate of Civilian Personnel, Sena Bhawan, New Delhi – 110 011. 5. Flag Officer Commanding-in-Chief, Southern Naval Command, Kochi – 682 004. 6. The Commandant, Indian Naval Academy, Ezhimala, Pin – 670 310. ..... Respondents (By Advocate : Mr. N. Anilkumar, SCGSC) This application having been heard on 04.01.2019 the Tribunal on 10.01.2019 delivered the following: 2 O R D E R Hon'ble Mr. Ashish Kalia, Judicial Member – The relief claimed by the applicants are as under: “i) Declare that non providing of the timely promotion to the applicant as Library & Information Officer at Indian Naval Academy, Ezhimala with effect from 29.12.2004 irrespective of the availability of the vacancy as highly illegal, arbitrary, unjust and against the legitimate expectation of the applicant. ii) Declare that applicant is eligible to be promoted as Library & Information Officer at Indian Naval Academy, Ezhimala with effect from 29.12.2004. iii) Declare that applicant is eligible to be promoted notionally as Senior Library & Information Officer in the grade pay of Rs. 7600/- at Indian Naval Academy, Ezhimala with effect from 29.12.2009. iv) Declare that applicant is eligible to be promoted notionally as Director in the grade pay of Rs. 8700/- at Indian Naval Academy, Ezhimala with effect from 29.12.2014. v) To direct the respondents to appoint applicant as Library & Information Officer at the Indian Naval Academy, Ezhimala with effect from 29.12.2004 in the available vacancy and to notionally promote her to the post of Senior Library & Information Officer in the grade pay of Rs. 7600 with effect from 29.12.2009 with all consequential benefits and to notionally promote her to the post of Director in the grade pay of Rs. 8700/- with effect from 29.12.2014 with all consequential benefits. vi) To call for the reasons leading to Annexure A11 and quash the same. vii) To grant such other reliefs as may be prayed for and as the Tribunal may deem fit to grant, and viii) Grant the cost of this Original Application.” 2. The brief facts of the case are that the applicant was appointed as Assistant Librarian on 1.2.1984 and which was re-designated as Library Information Assistant [(Rs. 1400-2,600/- pre-revised) (Rs. 5,000-8,000/- revised)]. The next post is Sr. Library & Information Assistant. She was promoted to the rank of Assistant Library & Information officer on 25.5.2009. The post of Library & Information Officer was sanctioned in the 3 Indian Naval Academy, Ezhimala on 29.11.204. A person in the grade pay of Rs. 4,200/- with ten years experience is entitled to get Grade Pay of Rs. 6,600/- which is equivalent as Library & Information Officer and as such she is entitled to be promoted as Library & Information Officer as early as in 1994 itself but since the post of Library & Information Officer was sanctioned only on 29.12.2004 she is entitled to be appointed as Library & Information Officer on 29.12.2004 itself. Further a person in the grade pay of Rs. 6,600/- and five years experience in the grade pay of Library & Information Officer is entitled to be appointed as Senior Library Information Officer and Senior Library Information Officer can be appointed in Category III libraries also. Therefore, the applicant is entitled to be appointed notionally as Senior Library & Information Officer with effect from 29.12.2009 and in the same pattern she is entitled to be appointed notionally as Director with effect from 29.12.2014. So far no Recruitment Rules for library cadre is made for Indian Navy though the same is made for other establishments. The applicant is aggrieved by the non-granting of the timely promotion to her as Library & Information Officer at Indian Naval Academy, Ezhimala irrespective of the upgradation of the post and availability of vacancy. She is claiming the subsequent promotion to the post of Senior Library and Information Officer notionally in the grade pay of Rs. 7,600/- with effect from 29.12.2009 with all consequential benefits and further promotion as Director w.e.f. 29.12.2014. As per the memorandum dated 24.7.1990 and 26.10.1990 the Government had decided to introduce pay structure for library staff. Accordingly as per paragraph 2.2 of report of Review Committee on Library staff, all the 4 Ministries and Departments were advised to modify their Recruitment Rules. The Command Reference Library, Cochin, INS Venduruthy and Naval Reference Library, INA Ezhimala were categorized as category No. 3. In category No. 3 Library, the post and designation of the Head of the Library is Library & Information Officer. On 29.12.2004 the post of Library and Information Officer was created in the Indian Naval Academy, Ezhimala based on the sanction by the president of India. The applicant preferred Annexure A9 representation but the same was rejected vide Annexure A11. During the pendency of this OA the applicant retired from service on 31.10.2015. 3. Notices were issued to the respondents. They entered appearance through Shri N. Anilkumar, SCGSC. Respondents contended that the applicant was initially appointed as Library and Information Assistant (LIA) with effect from 1.1.1985 in the pay scale of Rs. 5000-8000/-. She was granted financial upgradation under ACP in the scale of pay of Rs. 6,600- 10,500/- which is the pay scale of Assistant Library & Information Officer with effect from 9.8.1999. This pay scale was revised to Rs. 9,300-34,800/- with Grade Pay of Rs. 4,600/- under 6th CPC. Applicant was promoted as Assistant Library and Information Officer (ALIO) w.e.f. 25.5.2009 in pay band Rs. 9,300-34,800/- with Grade Pay of Rs. 4,600/- under 6th CPC on occurrence of the vacancy against the newly sanctioned post at INA, Ezhimala. As per Government sanction of INA, Ezhimala, 1 post each of Library and Information Officer (LIO) and Assistant Library and Information Officer has been sanctioned and the complements were to be 5 inducted in a phased manner. The applicant was promoted to the grade of Assistant Library & Information Officer (in short ALIO) against the sanctioned post on 25.5.2009. Though various posts were sanctioned for Ezhimala in 2004 but the unit was not functional till 2009. The action to fill up the post of LIO in PB-3 of Rs. 15,600-39,100/- with Grade Pay of Rs. 6,600/- was not initiated as no incumbent was eligible for consideration as per requirement of minimum eligibility service in the grade of ALIO for promotion to the post of LIO. The notification of Recruitment Rules for the post of LIO is also under process and is likely to be notified shortly. 4. The formulation of Recruitment Rules for the post of LIO has taken time due to the fact that the letter through which the post of LIO was sanctioned at INA, Ezhimala was not specifying the pay scale/classification and moreover the post indicated as LIO was sanctioned for Naval War College at Goa wherein the pay scale was indicated as 9,300-34,800/- with Grade Pay of Rs. 4,800/-. As this pay scale was not available in the cadre structure of the Library Staff, considerable time had elapsed in the process of obtaining clarification. 5. The delay in notification of the Recruitment Rules had not affected any incumbent as non one is eligible for promotion to the grade of LIO till date in accordance with the draft Recruitment Rules. As per the draft Recruitment Rules the minimum qualifying service for promotion from a post with Grade Pay of Rs. 4,600/- to a post with Grade Pay of Rs. 6,600/- is 7 years. As per who has completed the minimum qualifying service as on 6 1st April of the year is deemed to eligible for consideration for promotion in the DPC year commencing from 1st April. Since the minimum eligibility service for promotion to the Grade Pay of Rs. 6,600/- from the feeder grade of Grade Pay of Rs. 4,600/- is 7 years the applicant could become eligible only on 1st April, 2017 for the DPC year 2017-18. Applicant retired on superannuation on 31st October, 2015 before the date of her eligibility. 6. The pay scale of the applicant was upgraded to Rs. 10,000-15,200/- on 2nd ACP w.e.f. 1st February, 2008 which is the pay scale of LIO. Consequent to the implementation of MACP scheme she was granted the pay scale of Rs. 15,600-39,100/- with Grade Pay of Rs.
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