मूल याचिका के महत्वपूर्ण बिंदुः
1. PARTICULARS OF THE ORDERS AGAINST WHICH APPICATION IS MADE :
- Impugned order No. 16/8/2014-O.L.(Service) dated 12.6.2014 issued by Department of Official Language, Ministry of Home Affairs, New Delhi.
- Impugned Advertisement No. 12/2015 issued by UPSC vide which the recruitment of Assistant Directors to fill up 50 vacancies has been issued.1.1 That the applicants are aggrieved by failure of the respondents to regularise the Assistant Directors who have been promoted on ad-hoc basis against resultant vacancies as result of restructuring of the cadre from the date from which the restructuring order has been implemented in pursuance of restructuring order issued by Ministry of Home Affairs on 12-9-2011.1.2 That in accordance with the notification the resultant vacancies have to be filled up by modified procedure of selection which requires to fill up the resultant posts after scrutiny of service records, subject to rejection of unfit and without holding any selection procedure.1.4 That in spite of the representations, the respondents have failed to pass any executive order to regularize the incumbents promoted on ad-hoc basis. The height of injustice is that 50 of the resultant vacancies of Assistant Director are said to be filled up through direct recruitment for which an Indent has been placed and the UPSC had also advertised the said posts vide advertisement No. 12/2015.4. FACTS OF THE CASE :4.1 That the OA is being filed by Central Secretariat Official Language Service Translators Association which is a representative body of Junior Translators as well as Senior Translators in the Central Secretariat Official Language Service Cadre under Department of Official Language of Ministry of Home Affairs.4.3 That the other applicants in the OA are those Sr. Translators who had been promoted on ad-hoc basis against resultant vacancies as a result of restructuring and also those Sr. Translators who have been included in zone of consideration in subsequent DPC proceedings.4.9 That since the restructuring order has been issued to remove the stagnation in the Central Secretariat Official Language Service (CSOLS) under Department of Official Language, such posts were to be filled up without holding positive act of selection but only by modified procedure of selection which involved only scrutiny of service records of the senior most staff, subject to rejection of unfit.4.10 That the matter was considered at length in the Ministry of Home Affairs and it was decided at the Apex level that all these resultant vacancies have to be filed up by promotion in order of seniority.4.11 That further, the respondents as a part of implementation of restructuring order passed an order on 10-2-2012 in terms of which 60 promotions from Senior Translators to ad hoc Assistant Director were made reaching total strength of ad hoc Assistant Directors to 160, where Shri Jharkhandey Singh is the junior most. (circulated Seniority list of 160 ad hoc Assistant Directors attached). 48 out of 160 ad hoc Assistant Directors are said to be covered in DPC held in April 2015 for their regularization for pre -cadre review period (i.e. vacancy year 2008-09, 2009-10 and 2010-11) as per reply given under Right to Information Act. (Attached) and remaining net 112 ad hoc Assistant Directors considered/counted against resultant vacancies. It is not understood as to how could such resultant vacancies be filled upon ad-hoc basis. Such resultant vacancies have to be filled up in a regular manner because no formalities of positive selection are involved. Even ad-hoc promotions are also allowed after scrutiny of service records. The respondents have not been able to explain as to how and why ad-hoc promotions had been made for filling up the resultant vacancies instead of a regular one.4.17 That the respondents have wrongfully taken the decision to convert the promotion quota of resultant posts and directed UPSC to fill up 50 of such posts by direct recruitment. This was the information conveyed to the President of the Association and also wrongfully stated that the stagnation was said to be set off by orders of the government giving the provision of ACP and MACP.4.18 That both the decisions given vide letter dt. 12.6.2014 are erroneous because provision of ACP/MACP can not be equated with the provision of promotion, particularly those promotions which are by way of restructuring to remove the stagnation. Secondly, the decision of the respondents to fill up 50 of resultant vacancies by direct recruitment is also erroneous because the resultant posts have arisen as a result of restructuring order which was passed by the government in order to remove the stagnation and in this view of the matter, the action of the respondents by deciding to fill up 50 of the vacancies by direct recruitment is like giving by one hand and taking it by the other. The question of filling up the resultant vacancies by direct recruitment is basically wrong and the order issued by Ministry of Home Affairs in which, it was decided that the (upgraded posts/resultant posts) resultant vacancies were to be filled up by promotion in order of seniority, is to be complied with.4.20 That the respondent’s letter dt. 12.6.2014 also reveals that before conveying above said two illogical decisions to the President of the Association, they had initiated the DPC proceedings asking APAR of 98 Senior Translators to fill up 65 posts of Assistant Director lying vacant at that point of time on ad hoc arrangement in the same manner as that of resultant vacancies for want of recruitment rules being the post upgraded from group ”B” to group “A” by the 6th CPC. Respondent/DPC cleared only 15 promotions out of 65 and took illogical decision very late in year 2014 to fill up 50 posts by direct recruitment. Had these vacancies been filled up, complete revised strength would have been once filled up by ad hoc arrangement in the same manner as that of resultant vacancies.4.23 That in the aforesaid representation the applicants had clearly clarified the position that the entire cadre of Translators in whose favour the restructuring order was issued was steering towards the respondents for giving justice by filling up resultant vacancies (112) by promotion and diversion of posts of direct recruitment quota to promote quota till the date i.e. till the notification of revised Recruitment Rules i.e. 1-5-2015.5. GROUNDS FOR RELIEF WITH LEGAL PROVISIONS:5.4 That the decision of the respondents to make over 50 of resultant vacancies to UPSC for filling up such posts by direct recruitment is also incorrect and it is directly contradiction to the decision given by the Apex level of Ministry of Home Affairs as also stated in restructuring order.8. RELIEFS SOUGHT :8.1 That the Hon’ble Tribunal may be graciously be pleased to allow this application and direct the respondents to:
- Regularize the ad-hoc promotions of the senior most Sr. Translators as Assistant Directors from the date from which the restructuring order has been implemented.
- That the vacancies of Assistant Directors which were existing prior to the date of restructuring have also to be filled up in the same manner i.e. by modified procedure of selection as has been done in similar restructuring orders.
- That the vacancies arisen after 12.9.2011 and before 1-5-2015 have to be filled up in the same manner as that of resultant posts because during this period, there was no rule as to how these posts could be filled up, particularly, when after the decision of 6th Pay Commission to upgrade the post of Assistant Director from group ‘B’ to group ‘A’ no rules had been framed till 1-5-2015 and therefore, all those vacancies arisen in the meantime have to be filled up in the same manner in which the existing as well as resultant vacancies are to be filled up.
- Grant seniority to all incumbents of resultant vacancies and vacancies which were existing prior to the date of restructuring with effect from respective vacancy years.9. INTERIM ORDER, IF ANY, PRAYED FOR :