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Judgment
The workmen working in the Military Engineering
Services (in short, ''MES'') are allocated under different Divisions
placed under the jurisdiction of Commander Works Engineer. No
common seniority list of the workmen is maintained. A separate
seniority list of each workman allocated under different commands
is maintained.
At the lowest rank, is the post of Mazdoor. The next
promotion is that of a Mate, then Wireman, followed by that of
skilled Workman Grade-II, and skilled Workman Grade-I and
lastly, Master Craftsman.
As per policy, if a holder of any aforementioned post
seeks and is granted transfer to another Division under the
command and control of a different Commander Works, he is
placed at the bottom of the seniority list of the transferee Division.
The respondent was appointed as a Mazdoor on August
29, 1983 under the jurisdiction of Commander Works (Bikaner).
While working under said command and actually under the
Garrison Engineer(AF), Suratgarh, the respondent requested the
Commander Works Engineer to transfer him on humanitarian
grounds to Sriganganagar. The request was accepted. The
respondent was transferred under the command of the
Commander Works at Sriganganagar on December 19, 1987. The
post to which he was transferred was that of a Mazdoor.
But for reasons which are not forthcoming on record,
the promotional post available to the petitioner being that of a
Mate and not Wireman, the Commander Works Engineer at
Bikaner permitted the respondent to take the test for promotion to
the post of a Wireman and on February 23, 1987 his name was
recommended for being appointed as a Wireman. But no order of
promotion was issued. As noted above, on December 19, 1987 the
respondent joined as a Mazdoor under the Commander Works,
Sriganganagar.
Working as a Mazdoor under the command of the
Commander Works, Sriganganagar, the respondent earned
promotion to the post of Mate on March 24, 1990. Thereafter to
the post of skilled Workman Grade-II and therefrom skilled
Workman Grade-I. Being an Electrician, the orders referred to the
respondent being promoted as an Electrician on February 9, 1999.
The respondent claims to have sent various
representations praying that his selection for promotion to the
post of Wireman with effect to the empanelment by the Selection
Board on February 23, 1987 be given effect to.
The request was turned down for the reason the
respondent while working as a Mazdoor had requested to be
transferred on humanitarian grounds from Bikaner Division to
Sriganganagar Division. Before he could be promoted at Bikaner
Division, he stood transferred as a Mazdoor to Sriganganagar
Division. He jointed at the transferee Division without demur and
continued to work as a Mazdoor. Placed at the bottom of the
seniority list of Mazdoors on his transfer to Sriganganagar
Division, he earned promotion.
In the year 2006 the respondent filed O.A. No.-66/2006
before the Central Administrative Tribunal, Jodhpur Bench,
Jodhpur, which of noting the aforesaid facts directed the
respondent to be promoted as a Wireman on September 19, 1987
with notional benefits till November 22, 2005 and thereafter on
actual basis.
We are of the opinion that the impugned order has to
be set aside for various reasons. Firstly on account of a gap of 18
years in approaching the Tribunal. It may be true that during this
period the respondent kept on making representations and there
is no material that the same were rejected, save and except the
communication dated January 27, 2006, but if a representation
made is not decided within a reasonable period, cause of action to
sue accrues. The second reason would be that the respondent
joined as a Mazdoor in Sriganganagar Division without demur. He
was placed at the bottom of the seniority list of Mazdoors in said
Division. Based on the vacancy position he earned further
promotions to the higher posts in said Division. We do not know
what promotions the respondent would have earned, keeping in
view the vacancy position in the promotional posts had he
continued to work in Bikaner Division.
It also assumes importance to note that with effect
from February 15, 1999 the respondent was promoted to the post
of an Electrician in the transferee Division. The implementation of
the impugned order would require a complete reworking of the
promotions effected in the transferee Division and perhaps the
creation of a supernumerary post to pay the arrears to the
respondent, an exercise which cannot be directed to be carried out
after 20 years of the cause of action if at all any accrued to the
respondent.
The petition is accordingly allowed. Impugned order
dated April 7, 2010 passed by the Jodhpur Bench of the Central Administrative Tribunal is set aside. O.A. No.-66/2006 filed by the
respondent is dismissed.
Parties shall bear their own costs all throughout.