I was working as a permanent Stenographer Gr.’C’(old Scale 1400-2600) in the office of the Commissioner for Linguistic Minorities (CLM), an attached office of the MHA, U.P. I sought my transfer and joined the office of the then newly-created Minorities Commission, New Delhi, in the same capacity on Nov, 1978. At the time of setting up of Minorities Commission (MC), an understanding was given that the CLM office will be merged with Minorities Commission which has not been done till date and both the offices still function independently .
The CLM Office, while issuing my transfer orders, abolished my permanent
post simultaneously which deprived me of my lien. Taking cognizance of this
unlawful action, I gave representations and subsequent reminders to the Minorities Commission in 1980 for restoration of my permanent post which were in turn forwarded by the Minorities Commission to the MHA with strong recommendations. However, I was never informed of any actions on my petitions.
I was promoted to the post of Senior PA (Scale – 2000-3200) in July, 1982 and to the post of Private Secretary to Secretary (Scale – 2000-3500) in July, 1984. I was relieved by Minorities Commission on October, 1985 and joined as Ist PA to *********, Ministry of Welfare in October, 1985. I again represented my case to MHA regarding restoration of my lien in 1985, but as usual, MHA gave no reply to my petitions.
On May, 1986 I was promoted by ********* as Additional PS (Scale - 3000-4500) to the Minister of ********. However, on February, 1989 I was relieved of my
duties from the office of the Minister. It was a very unique situation in the sense that my office was not mentioned where I normally would have returned to report because my lien was inconsiderately terminated by CLM (MHA) in 1978 without taking into account the complications it generated for me. I had no office to report and join.
On the advice of senior officers of the ****** I went on leave from February, 1989 to March, 1989. In the meantime, the administrative control of the Minorities Commission was transferred from MHA to MoW. On the expiry of my leave I was appointed as Deputy Manager (Scale – 3000-4500) in March, 1989 in ********** Corporation, a corporation under the then MoW. My application for this post was duly forwarded by the MoW.
My appointment to this post was made adhoc, since the MoW was yet to issue my formal relieving order, LPC and Service Book etc. In order to regularize my service, Corporation requested MoW several times to send the above mentioned documents. However, the documents were never sent by MoW and I continued to work as Deputy Manager (Admin)/ Deputy Zonal Manager (North) in Corporation. At some point of time, MoW enquired from Shri *******, CMD, Corporation if Corporation was still willing to retain me as Deputy Manager. Shri ******* answered in affirmative and wrote vide D.O. No*********) dated ******* “…..this Corporation does not have any objection for absorption of Shri ******as Deputy Manager on regular basis w.e.f. the date of acceptance of his request for voluntary retirement by the ministry.” Even after Shri.******* consent the MoW didn’t send the required papers. Ultimately, the ***** wrote to the MoW that if they did not send the documents in question by March, 1994, he would relieve me from my post and direct me to report to the MoW. Like previous occasions the MoW still chose to be silent and consequently CMD, Corporation relieved me from my post w.e.f. March 1994.
I kept approaching the concerned officers of MoW in person and through several representations for a year and requested them to give my posting but all in vain.
Due to this indifferent attitude and in the absence of any information on my case,
I had no option but to take the recourse of law. Consequently, I filed a writ in the
Central Administrative Tribunal (CAT) in 1995.
After its hearings the CAT passed the following order on 15.5.1996:
“As the applicant was made permanent on a post in an office under
Respondent No.2 (MHA) which post was subsequently abolished, we direct
Respondent No.2 to examine within 3 months from the date of receipt of a copy of
this judgment, the question of recommending the applicant’s name to the DPAR for
placement in the Surplus Cell maintained in that Department with a view of
absorption against a suitable vacancy commensurate with the applicant’s academic
qualification and work experience and in accordance with law. In case Respondent
No. 2 holds that the applicant is not entitled even to be, recommended for placement
in the Surplus Cell, detailed reasons must be recorded for coming to such a finding,
under intimation to the applicant.”
On the direction of CAT through its judgment dated *****, the Ministry of
Home Affairs (MHA) placed my services in the Surplus Cell of the Department of Personnel and Training w.e.f. April, 1994 vide their OM No *******. The MHA in consultation with Department of Personnel and Training declared me surplus as STENO, GR. C (Pay Scale of Rs.1400-2600) on April, 1994 despite the fact that the last post I was relieved from was of Deputy Zonal Manager, Corporation - the post that I held for 5 years. In doing so, both, the MHA and the DoPT, deliberately ignored my promotions. I intimated this lapse on their part vide my representations dated. December, 1996 and its subsequent reminders dated January, 1997 and May, 1997. The names of my junior officers who were promoted during these 16 years were also intimated to MHA of which one retired as Principal Private Secretary and another as Deputy General Manager.
It was unfortunate that MHA did not pay any attention to any of my prayers made through various representations to protect my pay as was inevitably required under Fundamental rules. As a result of the inaction of the MHA I suffered/ continue to suffer lifelong in respect of my rank, seniority, salary and pension.
Just want to know if all that happened was lawful and by the book or does it further merit recourse through legal channels.
Hope to get some inputs and expert advice.
