- (1.) This petition by unsuccessful Store Clerk of respondent Department under Article 226 of the Constitution is directed against order dated 19.5.2004 passed by Chandigarh Bench of Central Administrative Tribunal (P.7) (for brevity 'The Tribunal'). The petitioner failed to persuade the Tribunal to give him re-designation of Store and Purchase Assistant although he was given the pay scale of Rs. 950-1500 w.e.f. 2.12.1991. In the meanwhile the petitioner retired. He has further prayed that direction be issued to the respondents to grant him the pay scale as has been allowed to similarly situated employee namely, Shri Darshan Kumar.
(2.) Brief facts of the case are that the petitioner was appointed as Store Attendant in the office of Mechanical Engineering Research and Development Organization, Ludhiana in the scale of Rs. 75-95 which was revised to 260-400. That scale was further revised to Rs. 260-430 for the CWP No. 6764 of 2005 2 persons holding qualifications prescribed for Store/Purchase Assistant i.e. Matriculation or its equivalent with typing speed of 30 words per minute and experience in the line. In the year 1982 Council of Scientific and Industrial Research Administrative Service (Recruitment and Promotion) Rules, 1982 (for brevity 'the Rules') were framed. On 19.4.1984, one Shri Darshan Kumar was appointed as Store Clerk in the scale of Rs. 260-400 (A.6). On 20.12.1985, the petitioner was appointed as Store Clerk on temporary basis in the scale of Rs. 260-430. On 17.5.1989, the rules were amended and scale of pay was revised to Rs. 975-1540 and made Grade V in the amended rules. On 2.11.2001, the petitioner was promoted to the post of Store Assistant. On 19.11.1991, the designation of the post of Store Clerk in the scale of Rs. 950-1500 was changed to that of Store Assistant Grade V. It is averred that petitioner at the time of his promotion as Store Clerk w.e.f. 20.12.1985 was in the scale of Rs. 260-400 which was revised to Rs. 950-1400 w.e.f. 9.11.1987 and then to Rs. 975-1540 w.e.f. 17.5.1989. On 6.7.1992, the petitioner was granted the pay scale of Rs. 950-1500 w.e.f. 2.12.1991 and one Shri Darshan Kumar who was similarly situated as that of petitioner was placed in the scale of Rs. 975-1540 w.e.f. 17.5.1989. Accordingly on 2.6.2001, petitioner demanded the same designation and pay scale. As his case was not decided, petitioner approached the Tribunal and OA No. 677 PB 01 was disposed of on 2.8.2001 with a direction to the respondents to take a decision on the representation of the petitioner.
(3.) On 8.2.2002, the petitioner filed a detailed representation which was rejected by the respondents on 17.3.2003 (P.8). The respondents have cited various reasons for rejecting the representation and operative part of the order reads as under: "The re-designation order of Shri Shiv Pratap Singh as Store Keeper (later re-designated as Sr. Store Attendant) has been issued in terms of CSIR letter dated 2.12.1991. His designation is not under the organised cadre of Stores and Purchase. Upon his placement in the scale of Rs. 950-1500 and re- designation as Sr. Stores Attendant, the instructions contained in CSIR letter dated 2.12.1991 are complied with in respect of Shri Shiv Pratap Singh and he becomes a Group C employee. The Cadre Review order dated 2.12.1991 in no way alters any of the provisions of CSIR Administrative Services (Recruitment and Promotion) Rules, 1982. As regards, the re-designation of Shri Darshan Kumar, ex-SPA Grade IV, the order was issued by CMERI Headquarters as per CSIR instructions and his re-designation was as per rules as he was holding a substantive post in the Stores and Purchase Cadre unlike Shiv Shiv Pratap Singh. The Recruitment and Promotion Rules for Stores and Purchase Assistant as contained in CSIR Administrative Services (Recruitment and Promotion) Rules have no provision of automatic induction of Group D (Non- Technical) employees into Stores and Purchase Cadre. Shri Singh was not allowed to compete for the post of LDC/SPA V since he being a Group C employee in the scale of Rs. 950-1500 as only the Group D (Non-Technical)_ employees were eligible to compete for the post. Further, his representation for promotion under ACP Scheme is being examined separately and he shall be informed accordingly.";