S C CHATURVEDI Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this OA, applicant has challenged order dated 25.2.2004 (page 13). He has also sought a direction to the respondents to grant him the benefit of promotion to the grade of Charge Mechanic(Refrigeration) from the date he qualified the said trade test in the year 1977 i.e. with effect from September, 1977 with all consequential benefits, like arrears of pay and allowances, seniority and further promotion etc.

(2.) It is submitted by the applicant that he has been serving as Refrigeration Mechanic for the last more than 30 years i.e., with effect from June 1973. He appeared and passed the trade test for promotion to the grade of Charge Mechanic (Refrigeration) in September, 1977 but in spite of it till date neither, he has been given promotion nor he has been considered against one of the four vacancies available to be filled on the basis of trade test conducted in the year 1977. He has further submitted, the very fact that the trade test was held in 1977 shows that vacancies were available otherwise, they would not have held trade test. Similar trade tests have been held in the subsequent years 1978-1980 also but no DPCs were held.

(3.) RESPONDENTS, on the other hand, have opposed this OA by explaining that promotions under three grade structure came into force w.e.f. 15.10.1984, one time relaxation was given by the competent authority and promotions were to be given based on seniority as per the Ministry of Defence letter dated 8.4.1986. Applicant's name figured in the seniority list of 1984 at serial No. 35, whereas promotions from Regd./Mech.(SK) to Highly Skilled Grade II were ordered only for 15 personnels, therefore, all the persons who were promoted were senior to him.