Anoop Chand, K. vs Union Of India & Ors.

Per: Justice S.Sujatha ...........Member(J)

The applicant has filed this original application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

Briefly stated the facts are that the applicant who belongs to Scheduled Caste (SC) community, joined Railway service on 03.01.2014 as a direct recruit Senior Publicity Inspector having participated in the recruitment conducted by the Railway Recruitment Board. The applicant was promoted as Chief Publicity Inspector on 27.06.2018. Second Respondent issued a letter dated 25.05.2022 for formation of panel to Group-B promotion post of Public Relation Officer in pay level-8 of VII CPC corresponding to the scale of VI CPC. The post was reserved to SC. The applicant was selected for the post of Public Relation Officer with certain conditions mentioned at Paras 2 to 5 vide letter dated 09.05.2024. Accordingly, office order dated 18.06.2024 was issued with the approval of the competent authority, promoting the applicant for a period of six months and posted as PRO/UBL on adhoc basis. The applicant claims that after joining the post, he was discharging his duties to the best of his ability managing the same, including maintaining good relationship with the public/public representatives, media persons, in explaining the good deeds/achievements of Hubli Division and any negative news was nullified by clarifying factual positions. In addition to the same, the applicant also performed the duties as Railway Centre Coordinator for Computer Based Test conducted by Railway Recruitment Board, Bangalore for six days at Hubli and Belgaum Examination Centres and also as Polling Officer at Castle Rock for three days for secret ballot election for recognition of trade Unions of Indian Railway without any complaints. Surprisingly the 2^nd Respondent passed the office order dated 13.03.2025 to the effect that the competent authority namely, the Chief Public Relation Officer, Head Quarters has approved for reversion of the applicant to the post of Chief Publicity Inspector and posted to Bangalore Division with immediate effect. Pursuant to which, the 3^rd Respondent has passed the office order dated 20.03.2025. The applicant was working in Headquarters office at Hubli and has now been transferred to Bangalore Division. Being aggrieved by the orders abruptly reverting the applicant vide order dated 13.03.2025 and transfer/posting order dated 20.03.2025, the applicant has approached this Tribunal.

Learned Counsel Shri B.S.Venkatesh Kumar representing the applicant submitted that impugned order of reversion is unjust, arbitrary and illegal so as the consequential transfer/posting order dated 20.03.2025. Placing reliance on Para-2 of the letter dated 09.05.2024, learned Counsel submitted that the place of the applicant in the panel will be subject to review of his performance after completion of six months of in-service training on adhoc promotion. However, no such in-service training was given to the applicant. No facilities were provided to the applicant for improving his knowledge by taking special coaching classes though specified in Para-3 of letter dated 09.05.2024. Further placing reliance on the Railway Board’s instructions RBE No.57/1995 dated 28.06.1995, learned Counsel submitted that the said RBE deals with the question of placement of SC/ST candidates from Group C to B among others and prescribed that the employee belonging to SC/ST may be promoted on adhoc basis for six months and in the said six months period, the administration should be given all facilities for improving their knowledge and coming up to the requisite standard by organizing special coaching classes and at the end of six months period, a special report should be obtained on the working of these candidates and the case shall be put up to the General Manager. No review has been conducted by the appropriate competent authority. The applicant had no assistance from any Publicity Inspectors and he had discharged the work all by himself. Hence the impugned revision order is liable to be set aside.

Learned Counsel Shri N. Amaresh representing the respondents submitted that the applicant was promoted to Group-B post of Public Relations Officer (PRO) on adhoc/trial basis for a period of six months and posted as PRO, Hubballi. On completion of six months in-service training on 26.12.2024, the Controlling Officer with recommendation and counter signature of DRM/UBL (Divisional Railway Manager/Hubballi) had submitted the performance report dated 31.12.2024. According to which, performance of the applicant during the six months was not satisfactory. Accordingly, the file was put up to the General Manager regarding empanelment or otherwise of the applicant as PRO in Group-B. The General Manager accepted the report of DRM, Hubballi. The applicant was reverted to Group-C as Chief Publicity Inspector, Bangalore Division vide letter dated 13.03.2025 followed by letter dated 29.04.2025. The competent authority approved the posting of the applicant on his reversion from PRO, Hubballi to Chief Publicity Inspector, Bangalore Division. The applicant was called to appear for viva-voce against the vacancy reserved for SC as per the Railway Board letter dated 28.06.1995 and Para (C) 4 of Master Circular No.51 on Reservation for Scheduled Caste/Scheduled Tribes in Railway Services. Based on the evaluation of the overall performance of the candidate in the written examination, record of service and viva-voce, the Departmental Promotion Committee recommended the applicant, who had scored 20% or more marks under each head in the written test, viva-voce and record of service and also in the aggregate found suitable for adhoc promotion to the Group-B post of PRO under ‘Best amongst the failed’ norms for a period of six months against the reserved vacancy of SC vide proceedings dated 08.05.2024. After publishing the results of viva-voce, the placement of the applicant in the panel of PRO was made subject to review of his performance after completion of six months of in-service training on adhoc promotion and posted as PRO, Hubballi. The applicant completed six months in-service training on 26.12.2024. During his tenure as PRO, the applicant was issued with letters/notes pointing out his lapses on completion of six months in-service training. The Controlling Officer with recommendation of DRM/UBL had submitted the performance report stating that during the last six months, the performance of the applicant was not satisfactory. He had not responded to the PR related issues in time. Subordinate staff have also complained about his behaviour in the Office. Confidential letters have been issued in this regard. Therefore, it was not recommended for regularization of his promotion. It was certified that during the last six months period, the officer has been given all the facilities for improving his knowledge and come up to the requisite standard. Even in the previous selection held during 2019, the applicant was promoted as PRO on adhoc basis under the scheme of best among the failed and posted as PRO, Mysore and assumed the charge of the post of PRO, Mysore on 04.09.2020. During the said tenure the applicant was served three displeasure notes. Considering the over all performance, he was reverted and posted as Chief Publicity Inspector, Bangalore. However, the same would not come to the rescue of the applicant when his performance was considered for the period in question. In the light of adequate opportunity provided to the applicant to improve, no such improvement being found in the performance of the applicant, his reversion to the post of Chief Publicity Officer is justified.

We have carefully considered the submissions of the learned Counsel appearing for the parties and perused the material on record.

Factual aspects are not in dispute. The applicant had completed in-service training for a period of six months on 26.12.2024. During his tenure as PRO, the applicant was issued with letters/notes for the following reasons:

The performance report dated 31.12.2024 submitted by Controlling Officer with the counter signature of DRM/UBL, reads thus:

Based on the said performance report, the impugned order of reversion dated 13.03.2025 has been issued by the 2^nd Respondent followed by transfer/posting order dated 20.03.2025 issued by Respondent No.3.

It is significant to refer to the letter dated 09.05.2024 regarding formation of panel for promotion to Group-B post, Public Relation Officer in Level-8 of Pay Matrix of South Western Railway, wherein the applicant belonging to SC community, has been found suitable for adhoc promotion to the post of PRO under ‘best amongst the failed’ norms for a period of six months against the vacancy reserved for SC. In the said letter, it has been categorically mentioned in Paras-2 and 3 as under:

It is discernible that the applicant was appointed as PRO on adhoc basis during the previous selection in 2019 under the scheme of ‘Best among the failed’ and posted as PRO, Mysore and assumed the charge of the post of PRO, Mysore on 04.09.2020. During the said tenure, the applicant was served with the following three displeasure notes:

Further due to non-performance report submitted, he was reverted back to the post of Chief Publicity Officer. The same is repeated in the second round. The applicant being selected from the ‘Best amongst the failed’ norms in the reserved category of SC as per the Railway Board’s letter dated 28.06.1995 read with Para-(C) 4 of Master Circular 51 and reservation for SC/ST in Railway services, ought to have improved in the second round atleast. Merely complaining that no special coaching classes were organized would not place the applicant in an advantageous position. Regarding the compliant by subordinate staffs and delay in responding to the Press relating matters, the applicant admits the delay but sets up the defence about the rejoinder regarding factual position received from the higher authority and lack of Marathi language.

PRO in the Indian Railways serves as a bridge between the Railway administration and general public. PRO’s primary mandate is image building, media management and passenger communication. Timely action in responding to media related issues is necessary and the same may call for urgent press releases. Period of six months provided for adhoc promotion under ‘Best Amongst the failed’ norms is an opportunity to improve the knowledge and coming up to the requisite standard required for the post. In fact, applicant has been given more than six months time. Pursuant to the adhoc promotion order dated 18.06.2024, after reviewing his performance his reversion order was passed on 13.03.2025 followed by transfer/posting order dated 20.03.2025. Providing longer time to learn/improve would not nullify the reversion order. Self interest and struggle makes a person strong to achieve the goals. Performance schedule depends on individual’s response to situations expected/unexpected.

The letters/notices issued to the applicant during the tenure as PRO on adhoc/trial basis indicates that the applicant’s timely response to the press related issues was not up to the mark; subordinate staff also complained about the behaviour in the office, confidential letters have been issued in this regard, based on which the competent authority has not recommended for regularization of his promotion. The file was further placed before the General Manager for his orders, who has accepted the report of DRM, Hubli. Pursuant to which the competent authority has approved the posting of the applicant on his reversion from PRO, Hubli, (Group-B – Level-8) as Chief Publicity Inspector (Group C – Level-7). Reversion order has been issued after following all official procedures and decision for reverting the applicant was taken based on merits of the case which cannot be faulted with.

For the reasons aforesaid, we find no ground to interfere with the orders impugned. OA lacks merit and accordingly stand dismissed. No order as to costs.