Anticipated merger's non-materialization renders grievance non-justiciable; interim orders vacated.

The applicants, Ojiv Kumar Ganvir and Pradeep Kumar Upadhyay, were Assistant Editors in the Central Reference Library (CRL), Kolkata

They filed an Original Application challenging the respondent authorities' failure to implement recommendations of the 5th Central Pay Commission (CPC) regarding the creation of promotional posts and initiating promotional processes in the National Library, Kolkata, while a merger of CRL with the National Library was under consideration

The 5th CPC had recommended creating intermediary promotional posts (equivalent to Library Information Officer with Grade Pay of Rs. 6600/-) and determining inter-se seniority based on the date of entry in the grade upon merger

A Merger Implementation Committee was constituted via an Office Memorandum dated 12.12.2017

The applicants' representations to halt promotions pending merger finalization were rejected by the Librarian, CRL, on 03.09.2018

During the pendency of the matter, applicant No. 2, Shri Pradeep Kumar Upadhyay, retired from service

The Tribunal had issued an interim order on 27.09.2018, directing that two posts of Library Information Officer (Grade Pay of Rs. 6600/-) be kept vacant

Whether the respondent authorities are obligated to implement the recommendations of the 5th Pay Commission regarding the creation of new posts of Deputy Librarian prior to the merger of CRL into the National Library

Whether the process of merger should be conducted transparently, fixing inter-se seniority of the merged cadre of Assistant Editor and Assistant Library Information Officer with reference to the date of joining/year of service in the grade

Whether the impugned letter dated 08.05.2018 and order dated 03.09.2018 should be set aside

Whether the applicants' grievance, founded on an anticipated merger, remains judicially cognizable when no final decision for merger has been implemented

The court considered the advisory nature of Central Pay Commission recommendations, noting they are not binding until approved by the competent governmental authority

The primary legal consideration revolved around the status of a proposed administrative merger and the ripeness of a grievance based on an anticipated, but not implemented, event.

The Tribunal's procedural rules, specifically Rule 4(5)(a) of the CAT (Procedure) Rules, 1987, regarding joint applications, were also referenced

The Tribunal noted that the respondents specifically clarified that the recommendations of the 5th CPC were advisory, and the competent authority had not approved the creation of the proposed posts of Deputy Librarian in CRL

Furthermore, the respondents stated that both CRL and National Library continued to function as independent institutions and no final decision implementing the merger had been taken, despite a Merger Implementation Committee being constituted

The Tribunal found that the merger had neither been finalized nor implemented, and no concrete steps altering the cadre structure, inter-se seniority, or promotional hierarchy of the applicants pursuant to any merger had taken place

Consequently, the grievance of the applicants, being founded upon an anticipated merger and its alleged adverse consequences, had not materialized in actuality

With one applicant having superannuated and the absence of an implemented merger affecting service conditions, the Tribunal determined that no effective adjudication was required at this stage

The Tribunal concluded that nothing remained for adjudication on merits

Consequently, the interim order dated 27.09.2018, which directed that two posts of Library Information Officer in the Grade Pay of Rs. 6600/- be kept vacant, was vacated

There was no order as to costs