RAJIV LOCHAN MEHROTRA,J. - (1.) For quashing the order dated 1.9.2005 passed by Central Administrative Tribunal, Allahabad the present writ petition has been preferred by Union of India and Others. By the impugned order Union of India and Others (Petitioners in the present writ petition) were directed to ask the applicants and similarly situated persons (Respondents in the present writ petition) whether they would opt for retention of the old post of Foreman and further higher posts for their promotion in original cadre and if so, they be allowed to continue and if found fit, they be notionally promoted from the date of vacancy arose.
(2.) As per petition, respondent No. 2 was appointed in the office of petitioner No. 5 as Machinist Trainee in the year 1963 and after due process he was promoted as Senior Chargeman and then after as Foreman on 22.2.1988, which is said to be the highest post in category of supervisory cadre and also a feeder grade of Technical Officer (Group 'B') On the recommendation of the Fifth Pay Commission four grade structure was introduced for supervisory cadre vide gazette notification dated 30th September, 1997, which runs as under:- (I)Chargeman-II, (II)Chargeman-I, (III)Assistant Foreman (Gazetted Group 'B') (IV)Foreman (Gazetted Group 'B')
(3.) The Foreman in the previous structure was re-designated as Chargeman-I in the new structure in the same and equal pay-scales, while the Assistant Engineers in the previous structure were re-designated as Assistant Foreman (Group 'B' Gazetted). As the respondent No. 2 was lower to the post of Assistant Foreman grade-wise, hence, he was not re-designated as Assistant Foreman/Assistant Engineer. Similarly placed Foreman / Chargeman-I were also not given this benefit. Hence respondent No. 2 in the individual capacity and respondent No. 1 for other members of the institution filed Original Application No. 333 of 2004 before the Central Administrative Tribunal, Allahabad praying therein that all such persons working as Foreman in the previous structure be promoted as Assistant Engineers w.e.f. October 2001 and Assistant Engineer Selection Grade w.e.f. 9.4.2003 and opposite parties be also directed to fulfil the vacant post of Assistant Engineers as on October 2001 and Assistant Engineers Selection Grade as on 9.4.2003. The Tribunal while deciding the present application misinterpreted to the extent that respondent No. 2 has been demoted from the post of Foreman to Chargeman-I. It is also submitted by the petitioners that the posts of Assistant Engineer and Assistant Engineer Selection Grade were abolished in the new structure but the designation of Assistant Engineer had been retained only in case of individuals who were in position of Assistant Engineer on the date of issue of the Government Order dated 20.9.2002 and otherwise has been declared as a dead cadre.;