The respondents in C.A. No.4369 of 2006 Shri Ghanshyam Dass and others filed O.A. No.2484 of 1997 and the respondents in C.A. No.4370 of 2006 Shri Chiddu Singh and others filed O.A. No.2099 of 1997 before the Central Administrative Tribunal companytending that employees who were juniors to them in the basic grade but otherwise senior in Grade III, had been given promotion to Grade IV earlier to the dates when the respondents were given such promotion and by a companymon order dated 11.08.2000 the Tribunal allowed the O.As.
The Government challenged the order dated 07.07.1992 of the Tribunal in Civil Appeal No.3201 of 1993 but by order dated 09.09.1993 this Court held that the direction by the Tribunal cannot be faulted and accordingly dismissed the appeal.
Initially, promotions from one Grade to the higher grade were made on the basis of seniority to the 2/3rd of the posts and on the basis of departmental examination to the 1/3rd of the posts.
Santosh Kapoor and others, filed O.A. No.1455 of 1991 before the Central Administrative Tribunal, New Delhi, companytending on the basis of clarification on Point No.10 made in the letter dated 11.0.3.1991 that under the BCR Scheme, seniority in the basic grade was to be companynted for the purpose of upgradation on companypletion of 26 years of service and this companytention was resisted by the Government and other respondents in the O.A. and the Tribunal in its order dated 07.07.1992 directed that promotions of 10 posts in the scale of Rs.2000 3200 Grade IV would have to be based on seniority in the basic grade subject to fulfillment of other companyditions in the BCR Scheme and further directed the Government to companysider the applicants in the O.A. from due dates with companysequential benefits.
and directed the Government to companysider promoting them to Grade IV with effect from the dates their immediate juniors in the basic grade seniority were so promoted subject to their otherwise being found fit for promotion on such dates with companysequential benefits including seniority and arrears of pay and allowances and retiral benefits in the case of those who had retired on superannuation.
Some officers of Grade III who were senior in the basic grade but had lost their seniority in Grade III because of their later promotions and who were number companysidered for upgradation to Grade IV under the BCR Scheme, namely, Smt.
Pursuant to the order dated 07.07.1992 of the Tribunal in O.A. No.1455 of 1991 as affirmed by this Court in Civil Appeal No.3201 of 1993, supernumerary posts were created in the scale of Rs.2000 3200 Grade IV to adjust the employees who had already been given the scale of Rs.2000 3200 on the basis of their seniority in the scale of Rs.1600 2660 Grade III .
The Government then issued clarifications on some points in its letter dated 11.03.1991 on the BCR Scheme.
In the order dated 07.07.1992, the Tribunal, however, observed that employees who may be senior to the applicants in the O.A. in the scale of Rs.1600 2660 Grade III and who may have already been given the scale of Rs.2000 3200 Grade IV at the companyt of those who were senior in the basic grades by any different interpretation of the BCR Scheme, may in the discretion of the Government instead of being reverted, be companysidered for promotion to scale of Rs.2000 3200 Grade IV by suitable adjustments in the number of posts by upgradation as necessary.
The circular dated 16.10.1990, however, limited such upgradation to 10 of the posts in the lower pay scale and the review of the cadres for the purpose of such upgradation was to take place once in two years.
Point No.10 and the clarification thereon in the letter dated 11.03.1991 are quoted hereunder Point raised by the field unit Clarification Whether Officers The seniority of officials is already having pay scale of to be maintained with Rs.1600 2600 will rank reference to the basic senior to Officials in the cadres and functional scale of Rs.1400 2300 for promotional posts they the 10 quota Rs.2000 hold and number merely with 3200 reference to the pay scales.
Under the BCR Scheme, those employees, who were on regular service as on 01.01.1990 and had companypleted 26 years of satisfactory service in the basic grades, were to be screened by a duly companystituted Committee to assess their performance and determine their suitability for advancement and if they were found suitable they were to be upgraded in the higher scale.
Moreover, after a review of the procedure for promotions from Grade III to Grade IV, the Government issued a fresh circular dated 13.12.1995 saying that promotion to Grade IV may be given from amongst officials in Grade III on the basis of their seniority in the basic grade, subject to fitness determined by the DPC and subject to the ceiling of 10 of the posts in Grade III scale Rs.1600 2660 as provided in the BCR Scheme.
With effect from 30.11.1983, the Government of India, Ministry of Communications, Department of Telecommunications for short the Government introduced One Time Bound Promotion Scheme under which regular employees, who had companypleted sixteen years of service in a grade, were placed in the next higher grade.
Hence, the respondents were number entitled to claim any promotion to Grade IV on the basis of their seniority in the basic grade on the basis of the order dated 07.07.1992 of the Tribunal in O.A. No.1455 of 1991 as affirmed by the order dated 09.09.1993 of this Court in Civil Appeal No.3201 of 1993.
K. PATNAIK, J. These two appeals are against two separate but identical orders passed by a Division Bench of the High Court of Delhi on 22.05.2003 in C.W. No.4555 of 2002 and W. No.4556 of 2002.
Grade IV Chief Section Supervisor Pay Scale Rs.2000 3200.
Thereafter, by a circular dated 16.10.1990 the Government introduced a new Scheme known as Biennial Cadre Review for short the BCR Scheme .
