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| Regularize services of retired Chief Engineer: CAT directs UT Admin | | | Early Times Report
JAMMU, Dec 24: Central Administrative Tribunal comprising Sanjeev Kumar Member (J)and Pragya Sahay Saksena Member (A) directed regularize the services of the Kishore Kumar Gupta as Chief Engineer (Retired) in the pay band of Rs. 37400- 67000 with grade pay of Rs. 8700/- for the period 01.03.2013 to 30.04.2018 i.e. the period for which a post of Chief Engineer was kept reserved for the applicant by the Establishment-Cum-Selection-Committee.
The facts of the case as averred in the O.A. are that the applicant was initially appointed as Junior Engineer on 05.01.1982 in the office of Chief Engineer, I&FC Department, Jammu. On 26.12.1983 and thereafter, vide Govt. Order No. 309-PW (Hyd) of 2014 dated 07.08.2014, sanction was accorded for regularization of Executive Engineers as Superintending Engineers on the recommendations of Departmental Promotion Committee/ J&K Public Service Commission. The final seniority list of Superintending Engineers, Civil (Hydraulic) of PHE, I&FC Department was issued vide Government Order No. 148 PW (Hyd) of 2015 dated 09.06.2015, whereby the applicant was placed at Serial no. 08 and the regularization/ promotion as Superintending Engineer was given w.e.f. 01.12.2009. It is further stated that in the meantime the applicant was placed as In-charge Chief Engineer vide Govt. Order No. 426-PW (Hyd) of 2012 dated 03.10.2012 and posted as Chief Engineer, I&FC, Department, Jammu. It is further stated in the OA. that on 27.01.2016, the applicant was served with Memorandum for holding an inquiry against him under the J&K Civil Services (Classification, Control and Appeal) Rules, 1956. This inquiry was pertaining to the period when the applicant was holding the post of Superintending Engineer, Hydraulic Circle, Jammu and was member of the Purchase Committee? which consisted of six members and discharged its official functions under the Chairmanship of the Chief Engineer, PHE, Department, Jammu. The applicant submitted his reply to the article of charges contained in the Memorandum dated 27.01.2016, vide letter dated 15.03.2016. Thereafter, the applicant superannuated on 30.04.2018 from the Government services as In-charge Chief Engineer, Design, Inspection and Quality Control Department, J&K. It is also mentioned that vigilance clearance was issued to the applicant vide Govt. Order dated 06.12.2018, after getting prior clearance from Anti Corruption Bureau, Jammu and it was mentioned in the report that there was no preliminary inquiry/ FIR pending against the applicant. Vide Govt. Order No. IFCJ/17484 dated 14.02.2020, the Inquiry Officer exonerated all the members of the Purchase Committee (including the applicant) from all the allegations levelled in the Article of charges. Subsequently, Respondent no. 1 passed Government Order No, 73-JK (JSD) of 2021 dated 18.03.2021, whereby sanction was accorded to the regularization/ promotion of 6 retired Superintending Engineers (In-charge Chief Engineers) as Chief Engineers, however the applicant was not considered for regularization. It is also mentioned in the O.A. that though the applicant was exonerated and despite being clear from Vigilance angle, he was not considered for promotion as Chief Engineer, though the other retired employees, who were junior to him, were promoted as Chief Engineers. The applicant also made a representation dated 14.04.2021 to the Respondent no. 1 for looking into the matter and for according regularization/promotion of the services of the applicant as Chief Engineer, however no action was taken by the Respondents.
CAT after hearing Adv Priyanshu Sharma for the applicant whereas since the applicant was exonerated vide communication dated 14.02.2020 and Respondent no. 1 vide order dated 18.03.2021, considered the case of other retired Superintending Engineers (In-charge Chief Engineer) including those who were juniors to applicant, it is imperative upon the concerned authorities to have considered the case of Kishore Kumar Gupta (applicant) for his regularization/ promotion for the post of Chief Engineer. The concerned authorities should have looked into the records of all the persons who were similarly placed on the date of issuance of order and should not have passed an order in a callous manner especially when one post of Chief Engineer was kept reserved for the applicant for the period 01.03.2013 to 30.04.2018 by the Establishment-cum-Selection Committee as admitted by Respondent no. 1,. Accordingly, we allow this O.A. and direct the Respondent No. 1 to regularize the services of the applicant as Chief Engineer (Retired) in the pay band of Rs. 37400- 67000 with grade pay of Rs. 8700/- for the period 01.03.2013 to 30.04.2018 i.e. the period for which a post of Chief Engineer was kept reserved for the applicant by the Establishment-Cum-Selection-Committee. This action should be completed by the Respondent no. 1 within six weeks from the date of receipt of certified copy of this order. Thereafter, the Pension Sanctioning Authority and the Respondent no. 3 shall take necessary action for revision of the pensionary benefits of the applicant within a period of four weeks. JNF |
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