Implementation of Court Order for Promotion to the post of Lab Assistant

To

The Director of Education,

Andaman and Nicobar Islands,

Port Blair.

Sub: Implementation of Court order on the issue of

promotion to the post of Lab Assistants - regarding.

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Sir,

I am to invite your kind attention towards the correspondences made by this Association with you requesting you to implement the order dated 31^st August, 2007 passed by the Hon’ble CAT in OA No. 36/AN/2006 (copy enclosed for kind reference Flag A) on the above subject, copies of my letters dated 26th October, 2007(Flag B) and dated 21^st July, 2008 are enclosed herewith (Flag C) for kind reference. The Hon’ble CAT had passed an order on 31^st August, 2007 directing the Education Department to promote the Group D staff working under it to the posts of Lab Assistants under the promotion quota. This order was upheld by the Hon’ble Calcutta High Court.

While the contempt petition filed by the applicants (Sunder Rajan & Others –vs- Union of India & others), was pending in the Hon’ble CAT, the matter went on SLP in the Hon’ble Supreme Court by certain alleged affected persons.

It has been reported to this Association that the Hon’ble Supreme Court vide its order dated 22^nd February, 2010 has now modified the interim order dated 25^th July, 2008 and stated that “promotions, if any, during the pendency of this appeal, shall abide by the final result in this appeal and none of the parties shall claim any equities in their favour.” A copy of the judgement is enclosed herewith (Flag D) for kind perusal.

As mentioned in my earlier letters, the department had unusually delayed implementation of the original order passed by the Hon’ble CAT on 31^st August, 2007 on one reason or other, thereby giving ample opportunity to the other party to go on appeal from one court to other.

In this connection, it is not out of place to mention here that the Asst. Secretary (Edn), A & N Administration vide his letter dated 21^st September, 2007 had directed the Education Department to implement the said order within the time limit in order to avoid contempt proceedings (copy enclosed (Flag E) for kind perusal). Similarly, the Assistant Secretary (Law), A & N Administration had also directed the Education Department, vide his letter dated 26^th September, 2007, to take appropriate action within the specified period (copy enclosed (Flag F) for kind reference). The Asst. Secretary (Edn), A & N Administration again vide letter dated 31^st July, 2008 had directed the Education Department to take necessary action in the matter to avoid any contempt proceedings (copy enclosed (Flag ‘G’) for kind reference).

Even the 3 months time allowed by the Hon’ble CAT on the contempt application filed by the applicants (copy enclosed (Flag H) for kind perusal), after getting assurance from the Government Counsel while hearing the case, elapsed much before the filing of the SLP in the Hon’ble Supreme Court. It shows that there was a willful reluctance on the part of the department to implement the order of the Hon’ble CAT.

The order dated 22^nd February, 2010 of the Hon’ble Supreme Court is crystal clear that there is no impediment on the part of the department to implement the order passed by the Hon’ble CAT. The promotions made, however, will abide by the outcome of the SLP pending in the Supreme Court.

As stated by me erlier, the applicants, numbering about 20, who have put in more than 22 years of service, have been waiting for their due and rightful promotion and denying the same to them on the pretext of pending SLP is an injustice to them which will also demoralize their functioning. Without prejudice to the pending SLP, they can be given conditional promotion so that vacant posts of Lab Assistant can be filled up. These posts are lying vacant from 2001 onwards.

I would, therefore, request you kindly to look into this matter personally and take appropriate steps to promote the applicants to the original application bearing No. OA 36/A&N/ 2006 (Sunder Rajan & Others –vs- Union of India & Others) to the vacant posts of Lab Assistants in view of the order passed by the Hon’ble Supreme Court on 22^nd February, 2010 and, thus, render justice to them.

Action taken in the matter may kindly be intimated to this Association.

Yours faithfully,

Encl: As above.

(D. Ayyappan)

General Secretary

Cell: 9434260430