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Judgment
ORDER
PER: RAJINDER SINGH DOGRA, JUDICIAL MEMBER:
The applicant has approached this Tribunal to seek the following relief:
“ 8.1. The order issued vide memo No. ES/255-M(T) PT-II dated 17.10.2007 issued by the Divisional Railway Manager(P), Lumding may kindly be modified by promoting the applicant to the grade of Rs. 5500- 9000/- with effect from 01.01.2004.
ii.The order communicated vide letter no ES/255-M (T) Pt-1 dated 17.02.2016 issued by Divisional Railway Manager (P), Lumding denying the promotion benefit to the applicant ' with effect from 01.11.2003 may kindly be set aside.
iii.The impugned order issued vide No. E/Court/OA-18/17/CAT/GHY dated 23.08.2024 by the Sr. Divisional Personnel Officer/ LMG, N.F Railway, Lumding may kindly be set aside and quashed.
iv.The applicant may be allowed the benefit of promotion to the higher grade of Rs.5500-9000/- for the period w.e.f., 1.01.2004 to 17.05.2006 and to fix his pay, allowances and retirement benefits including pension accordingly and to grant the consequent benefit thereof.
v.Any other relief/reliefs which the applicant is found entitled to.”
Applicant joined Railway Service on 29/01/1991 as an Assistant Station Master and retired on 31.12.2022. A charge sheet under Rule 9 of the Railway servants (Discipline & Appeal) Rules 1968 was issued on 14.05.2003 by the Railway Authority due to some mistakes committed by the applicant in declaring the age of his family members while submitting application for temporary withdrawal of his provident fund. Applicant received the charge sheet on 10.06.2003 and he submitted reply on 17.06.2003.
During pendency of the departmental proceedings, the Railway Authority vide order dated 6.12.2005 promoted some of Railway staff, and applicant was not promoted due to pendency of the departmental proceedings. The respondents Authority took more than 3 years time to finalize the departmental proceedings and, ultimately, only on 17.05.2006, the proceeding was finalize by imposing punishment of stoppage of increment (NC) for a period of 1 year. Subsequently, the Railway Authority vide order 17.10.2007 promoted the applicant to the grade of Rs. 5500-9000/- with effect from 18.05.2006 only although, he was found suitable for such promotion with effect from 01.11.2003.
That, applicant earlier filed O.A No.88/2011 before this Tribunal, challenging the order of punishment and for his promotion to the grade of Rs. 5500-9000/- with effect from 1.11.2003, which came to be disposed on 1.11.2011 with liberty to the applicant to file separate application to agitate the issue regarding his promotion due to pluralities of the reliefs prayed for.
Thereafter, he submitted representations before the Railway Authority for his promotion with effect from 1.11.2003 but ultimately the Divisional Railway Manager(P) Lumding vide his letter dated 17.02.2016 has informed the applicant that he is not entitled to the promotion with effect from 1.11.2003.
Being aggrieved with the rejection order dated 17.02.2016, he filed another O.A. No.18/2017 which was disposed of by this Tribunal vide order dated 25.01.2024 with the observation and findings that the Applicant should not suffer in his promotion and, accordingly, remand the matter back to the authority to revisit and reconsider and to pass a well- reasoned speaking order. However, the authority have passed the impugned order dated 23.08.2024 rejecting the claim of the Applicant, hence, this O.A.
According to respondents, a charge sheet was issued against the applicant due to wrong declaration of family members while submitting application for temporary withdrawal of his provident fund. In the meantime, the Applicant was enlisted for promotion from the Grade of Rs.5000-8000/- to Rs.5500-9000/- vide Office Order No.E/39-20/SM/ASM+YM+TI (T) Restructuring dated 06. 12.2005. But at that time, he was not promoted since the Departmental case pending against him, which was finalized only on 17.05.2006 imposing the penalty of 'stoppage of increment (NC) for a period of one year' vide Sr.DOM/LMG's NIP No.T/MISC/MD/ASM/LM dated 17.05.2006. Subsequently, he had been promoted to the grade of Rs.5500-9000/- w.e.f. 18.05.2006 after finalization of the said departmental case and his penalty of WIT for one year was to be implemented in the promotional grade from 01.05.2007 to 30.04.2008 vide Office Order No.ES-255-M(T)PT-II dated 17.10.2007. Applicant was enlisted for promotion in Group (B) [Part-II] vide Office Order No.E/39-20/SM/ASM+YM+TT (T) Restructuring dated 06.12.2005. All the staffs from Group (B)Part-II] were found suitable for promotion to the Grade of Rs. 5500-9000/- with immediate effect and not w.e.f. 01.11.2003 and their promotion was subject to the condition that they would have to carry out their posting orders at the pinpointed stations within 6 months (Vide Annexure-3 to the O.A.). Hence, his claim for promotion w.e.f. 01.11.2003 is not maintainable.
Heard the learned counsel for the parties and perused the records.
It is the case of the applicant that, chargesheet was issued to him in 2003, thereafter, enquiry was completed in 2006 and penalty was imposed. During the enquiry, his promotion was due in 2003. Respondents have stated that since charge sheet was issued and enquiry was pending against him and sealed cover was not adopted in this case, so, after the enquiry was completed, he was given promotion in 2006. The grievance of the applicant is that he is entitled for promotion w.e.f. 2003. At the time when his promotion was due, enquiry was going on. So he has been rightly promoted to the grade of Rs.5500-9000/- w.e.f. 18.05.2006 after finalization of the departmental case. Also it is coupled with delay of approximately 20 years in approaching this Court.
In view of the above, we do not find any merit to interfere in the promotion order. And the O.A is dismissed. No costs.