UOI and Anr v. Indian Railways Civil Engineering Officer Associationh and Ors

SANJIV KHANNA, J. May 30, 2011 pk

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: 18th May, 2011 % Judgment Pronounced on: 30th May, 2011 + W.P.(C) No. 1353/2011 UOI AND ANR. ..... Petitioners Through: Mr. R.V. Sinha, Adv. Versus INDIAN RAILWAYS CIVIL ENGINEERING OFFICER ASSOCIATION & ORS. ..... Respondents Through: Mrs. Jyoti Singh, Sr. Adv. with Mr.Amandeep Joshi, Adv. for R-1 to R-13 Mr. Naresh Kaushik, Mr. Aditya Vikram, Adv. for UPSC + W.P.(C) No. 2020/2011 UNION OF INDIA ..... Petitioner Through: Mr. V.S.R. Krishna, Adv. Versus Y.S. CHOUDHARY & ORS. ..... Respondents Through: Mrs. Jyoti Singh, Sr. Adv. with Mr.Amandeep Joshi, Adv. + W.P.(C) No. 2855/2011 N.P. GUPTA & ORS. ..... Petitioners Through: Mrs. Jyoti Singh, Sr. Adv. with Mr.Amandeep Joshi, Adv. Versus UNION OF INDIA & ORS. ..... Respondents Through: Mr. V.S.R. Krishna, Adv. for Railways Mr. Naresh Kaushik, Mr. Aditya Vikram, Adv. for UPSC CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV KHANNA Whether reporters of the local papers be allowed to see the judgment? Yes To be referred to the Reporter or not? Yes Whether the judgment should be reported in the Digest? Yes DIPAK MISRA, CJ Regard being had to the similarity of issue that has emerged in these writ petitions, they were heard together and are being disposed by a common order. The fulcrum of controversy rests upon the adjudication of the issue whether the delay in convening the meetings of the Departmental Promotion Committees (DPCs) by the respondent, Railway Board, was due to reasons beyond control or because of administrative delay for which the respondent before the Central Administrative Tribunal (for short "the tribunal") was held to be responsible and what would be the consequence if the delay was caused due to the employer. At the very outset, we may note with profit that the Original Application No.2140/2009 preferred by Mr. N.P. Gupta and others which is the subject matter of WP(C) No.2855/2011 was dismissed by the tribunal on the foundation that the delay caused in holding of the meetings of the DPCs was genuine and beyond the control of the authorities and, therefore, the promotion would be prospective from the date of recommendation of the DPCs. 2. The tribunal in other original application directed that benefit of judgment dated 29.1.2010 rendered in Y.S. Choudhary, the applicant in O.A. No.280/2008 be given to the applicants by promoting them to Group A post with effect from 1.4.2002 with all consequential benefits. 3. For the sake of clarity and convenience, we think it appropriate to refer to the facts in WP(C) No.2020/2011 which pertains to the case of Y.S. Choudhary and others. 4. The applicants Y.S. Choudhary and four others were Group B officers and were substantively appointed in Group A/Junior Scale of the IRSE with effect from 14.1.2005 vide Ministry of Railways Notification dated 23.03.2005 and their revised inter se seniority in IRSE on their promotion to Group A from Group B was circulated vide Ministry of Railways notification dated 18.5.2006. They were aggrieved by the delayed induction from Group B to Group A. Being dissatisfied, they approached the tribunal in OA No. 280/2008 for setting aside the notification dated 18.5.2006 issued by the respondent inducting the applicants in Group A Junior Scale of IRSE with effect from 14.1.2005 instead of 2002-03 when the vacancies arose and further to command the respondents to provide the promotion/induction in Group A Junior Scale IRSE to the applicant from the date when the vacancies arose in 2002-03 instead from 14.1.2005 when the DPC was conducted. 5. It was put forth before the tribunal that the applicants requested the respondents by submitting numerous representations requesting that their promotions be made effective from 1.4.2002 as the DPCs for induction to Group A for the vacancies of 2002-2003 ought to have conducted before December, 2001 to be effective from 1.4.2002 (for the vacancies of the year 2001, for panel of 2002-2003) but