Central Administrative Tribunal - Delhi
Gianender Kumar (Ur) vs Union Of India on 4 January, 2013
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH OA NO.882 of 2011 WITH OA No.3678 of 2011, OA No.3680 of 2011, OA No.3681 of 2011 OA No.3682 of 2011, OA No.3683 of 2011, OA No.3684 of 2011 OA No.3685 of 2011, OA No.3686 of 2011, OA No.3687 of 2011 OA No.1624 of 2012, OA No.1625 of 2012 & OA No.3272 of 2012 NEW DELHI, THIS THE 4th DAY OF JANUARY, 2013 HONBLE DR. DHARAM PAUL SHARMA, MEMBER (J) HONBLE MRS. RAJWANT SANDHU, MEMBER (A) OA No.882 of 2011 1. Gianender Kumar (UR) (Marked secured 497) Assistant Engineer in CPWD, R/o House No.192, Sector-16, Vasundhra, Gaziabad, UP. 2. Hari Om Singh (UR) (Marks secured 495) Assistant Engineer in CPWD, R/o 660, Ganesh Nagar-II, Delhi-92. ..Applicants. (By Advocate : Shri Anil Singal) versus 1. Union of India Through its Director General (Works) CPWD, A Wing, Nirman Bhawan, New Delhi. 2. Additional Director General (Training) CPWD, A Wing, Nirman Bhawan, New Delhi. 3. Gyanendra Kumar Jindal (UR) Serial No.52 (Marks secured 459) 4. Sudhir Kumar Udia (UR) Serial No.55 (Marks secured 487) 5. Ms. Sandhya Nateshan (UR) Serial No.61 (Marks secured 459) 6. Rajesh Kumar (UR) Serial No.62 (Marks secured 459) 7. Ajmer Singh (UR) Serial No.63 (Marks secured 459) 8. Jai Prakash Sinha (UR) Serial No.64 (Marks secured 459) 9. Valsan Paloran (UR) Serial No.65 (Marks secured 458) 10. S. Jaya Raman (UR) Serial No.66 (Marks secured 458) 11. Sant Kumar Chaudhary (UR) Serial No.67 (Marks secured 458) (Respondent no.3 to 11 are working as Assistant Engineer (Civil in the Office of Respondents) ..Respondents ( By advocate : Shri D.S. Mehandru for official respondents ) OA No.3678 of 2011 Shri Sanjay Garg (UR) (Marks secured 519) Junior Engineer in CPWD R/o House No.472, Sector-14, Vasundhra, Gaziabad, UP. ..Applicant. (By Advocate : Shri Anil Singal) versus 1. Union of India Through its Director General (Works) CPWD, A Wing, Nirman Bhawan, New Delhi. 2. Additional Director General (Training) CPWD, A Wing, Nirman Bhawan, New Delhi. 3. B.K. Jain (UR) Serial No.19 (Marks secured 505) 4. Vijay Kumar Dubey (UR) Serial No.20 (Marks secured 504) 5. S.K. Roy (UR) Serial No.21 (Marks secured 503) 6. R.S. Mishra (UR) Serial No.22 (Marks secured 502) 7. A. M.L. Sreeniwas (UR) Serial No.23 (Marks secured 499) 8. Akbal Singh (UR) Serial No.24 (Marks secured 497) 9. Balbir Singh (UR) Serial No.25 (Marks secured 495) 10. Gyanendra Kumar Jindal (UR) Serial No.52 (Marks secured 459) 11. K.L. Rathor (UR) Serial No.54 (Marks secured 492) 12. Sudhir Kumar Udia (UR) Serial No.55 (Marks secured 487) 13. Ms. Sandhya Nateshan (UR) Serial No.61 (Marks secured 459) 14. Rajesh Kumar (UR) Serial No.62 (Marks secured 459) 15. Ajmer Singh (UR) Serial No.63 (Marks secured 459) 16. Jai Prakash Sinha (UR) Serial No.64 (Marks secured 459) 17. Valsan Paloran (UR) Serial No.65 (Marks secured 458) 18. S. Jaya Raman (UR) Serial No.66 (Marks secured 458) 19. Sant Kumar Chaudhary (UR) Serial No.67 (Marks secured 458) (Respondent no.3 to 19 are working as Assistant Engineer (Civil in the Office of Respondents) ..Respondents ( By advocate : Shri D.S. Mehandru for official respondents ) OA No.3680 of 2011 Shiv Kumar (SC) (Marks secured 397) Junior Engineer in CPWD S/o Sh. Baljeet Singh Aged about 38 years, R/o BF-67, East Shalimar Bagh, Delhi-110088. ..Applicant. (By Advocate : Shri Anil Singal) versus 1. Union of India Through its Director General (Works) CPWD, A Wing, Nirman Bhawan, New Delhi. 2. Additional Director General (Training) CPWD, A Wing, Nirman Bhawan, New Delhi. 3. Devpal Singh (SC) Serial No.37 (Marks secured 370) Working as Assistant Engineer (Civil) In the office of respondents. ..Respondents (By advocate : Shri D.S. Mehandru for official respondents) OA No.3681 of 2011 Chandiresh Kumar (SC) (Marks secured 348) Junior Engineer in CPWD s/o Sh. Gyan Singh Aged about 43 years, r/o 229/104, Ambedkar Colony, Krishna Nagar, Mathura (UP). ..Applicant. (By Advocate : Shri Anil Singal) versus 1. Union of India Through its Director General (Works) CPWD, A Wing, Nirman Bhawan, New Delhi. 2. Additional Director General (Training) CPWD, A Wing, Nirman Bhawan, New Delhi. ..Respondents (By advocate : Shri D.S. Mehandru) OA No.3682 of 2011 Bijay Kumar Roy (UR) (Marks secured 491) Junior Engineer in CPWD s/o Sh. Ram Prawesh Roy Aged about 43 years, r/o Flat No.32, Type-III, Central Govt. Quarters, Tollygunge, Kolkata. ..Applicant. (By Advocate : Shri Anil Singal) versus 1. Union of India Through its Director General (Works) CPWD, A Wing, Nirman Bhawan, New Delhi. 2. Additional Director General (Training) CPWD, A Wing, Nirman Bhawan, New Delhi. 3. Gyanendra Kumar Jindal (UR) Serial No.52 (Marks secured 459) 4. Sudhir Kumar Udia (UR) Serial No.55 (Marks secured 487) 5. Ms. Sandhya Nateshan (UR) Serial No.61 (Marks secured 459) 6. Rajesh Kumar (UR) Serial No.62 (Marks secured 459) 7. Ajmer Singh (UR) Serial No.63 (Marks secured 459) 8. Jai Prakash Sinha (UR) Serial No.64 (Marks secured 459) 9. Valsan Paloran (UR) Serial No.65 (Marks secured 458) 10. S. Jaya Raman (UR) Serial No.66 (Marks secured 458) 11. Sant Kumar Chaudhary (UR) Serial No.67 (Marks secured 458) (Respondent no.3 to 11 are working as Assistant Engineer (Civil in the Office of Respondents) ..Respondents ( By advocate : Shri D.S. Mehandru for official respondents ) OA No.3683 of 2011 Daulat Ram Verms (UR) (Marks secured 499) Junior Engineer in CPWD S/o Sh. Shivmangal Verma, Aged about 41 years, R/o House No.170, Lumbini Apartments, Sector-14, Kaushambi, Gaziabad, UP. ..Applicant. (By Advocate : Shri Anil Singal) versus 1. Union of India Through its Director General (Works) CPWD, A Wing, Nirman Bhawan, New Delhi. 2. Additional Director General (Training) CPWD, A Wing, Nirman Bhawan, New Delhi. 3. Akbal (UR) Serial No.24 (Marks secured 497) 4. Balbir Singh (UR) Serial No.25 (Marks secured 495) 5. Gyanendra Kumar Jindal (UR) Serial No.52 (Marks secured 459) 6. K.L. Rathor (UR) Serial No.54 (Marks secured 492) 7. Sudhir Kumar Udia (UR) Serial No.55 (Marks secured 487) 8. Ms. Sandhya Nateshan (UR) Serial No.61 (Marks secured 459) 9. Rajesh Kumar (UR) Serial No.62 (Marks secured 459) 10. Ajmer Singh (UR) Serial No.63 (Marks secured 459) 11. Jai Prakash Sinha (UR) Serial No.64 (Marks secured 459) 12. Valsan Paloran (UR) Serial No.65 (Marks secured 458) 13. S. Jaya Raman (UR) Serial No.66 (Marks secured 458) 14. Sant Kumar Chaudhary (UR) Serial No.67 (Marks secured 458) (Respondent no.3 to 14 are working as Assistant Engineer (Civil in the Office of Respondents) ..Respondents ( By advocate : Shri D.S. Mehandru for official respondents ) OA No.3684 of 2011 Sanjay Kumar (UR) (Marks secured 480) Junior Engineer in CPWD s/o Sh. J.B. Varshney, Aged about 43 years, R/o Flat No.53, Plot No.85, Trilokiya Apartment, I.P. Estension, Patpar Ganj, Delhi-92. ..Applicant. (By Advocate : Shri Anil Singal) versus 1. Union of India Through its Director General (Works) CPWD, A Wing, Nirman Bhawan, New Delhi. 2. Additional Director General (Training) CPWD, A Wing, Nirman Bhawan, New Delhi. 3. Gyanendra Kumar Jindal (UR) Serial No.52 (Marks secured 459) 4. Ms. Sandhya Nateshan (UR) Serial No.61 (Marks secured 459) 5. Rajesh Kumar (UR) Serial No.62 (Marks secured 459) 6. Ajmer Singh (UR) Serial No.63 (Marks secured 459) 7. Jai Prakash Sinha (UR) Serial No.64 (Marks secured 459) 8. Valsan Paloran (UR) Serial No.65 (Marks secured 458) 9. S. Jaya Raman (UR) Serial No.66 (Marks secured 458) 10. Sant Kumar Chaudhary (UR) Serial No.67 (Marks secured 458) (Respondent no.3 to 10 are working as Assistant Engineer (Civil in the Office of Respondents) ..Respondents ( By advocate : Shri D.S. Mehandru for official respondents ) OA No.3685 of 2011 K. Krishna (UR) (Marks secured 515) Junior Engineer in CPWD s/o Late Shri Ramamurthy Aged about 43 years, R/o House No.14-22, B.D.L. Colony, Vill.: Badanpet, Kanchanbagh, Hyderabad, AP. ..Applicant. (By Advocate : Shri Anil Singal) versus 1. Union of India Through its Director General (Works) CPWD, A Wing, Nirman Bhawan, New Delhi. 2. Additional Director General (Training) CPWD, A Wing, Nirman Bhawan, New Delhi. 3. B.K. Jain (UR) Serial No.19 (Marks secured 505) 4. Vijay Kumar Dubey (UR) Serial No.20 (Marks secured 504) 5. S.K. Roy (UR) Serial No.21 (Marks secured 503) 6. R.S. Mishra (UR) Serial No.22 (Marks secured 502) 7. A. M.L. Sreeniwas (UR) Serial No.23 (Marks secured 499) 8. Akbal Singh (UR) Serial No.24 (Marks secured 497) 9. Balbir Singh (UR) Serial No.25 (Marks secured 495) 10. Gyanendra Kumar Jindal (UR) Serial No.52 (Marks secured 459) 11. K.L. Rathor (UR) Serial No.54 (Marks secured 492) 12. Sudhir Kumar Udia (UR) Serial No.55 (Marks secured 487) 13. Ms. Sandhya Nateshan (UR) Serial No.61 (Marks secured 459) 14. Rajesh Kumar (UR) Serial No.62 (Marks secured 459) 15. Ajmer Singh (UR) Serial No.63 (Marks secured 459) 16. Jai Prakash Sinha (UR) Serial No.64 (Marks secured 459) 17. Valsan Paloran (UR) Serial No.65 (Marks secured 458) 18. S. Jaya Raman (UR) Serial No.66 (Marks secured 458) 19. Sant Kumar Chaudhary (UR) Serial No.67 (Marks secured 458) (Respondent no.3 to 19 are working as Assistant Engineer (Civil in the Office of Respondents) ..Respondents ( By advocate : Shri D.S. Mehandru for official respondents ) OA No.3686 of 2011 Zareena (UR) (Marks secured 515) Junior Engineer in CPWD W/o Sh. P. Abdul Rahiman, Aged about 41 years, R/o Flat N.16, Roshan Vihar Aptt., Santhosh Nagar, Hyderabad. ..Applicant. (By Advocate : Shri Anil Singal) versus 1. Union of India Through its Director General (Works) CPWD, A Wing, Nirman Bhawan, New Delhi. 2. Additional Director General (Training) CPWD, A Wing, Nirman Bhawan, New Delhi. 3. B.K. Jain (UR) Serial No.19 (Marks secured 505) 4. Vijay Kumar Dubey (UR) Serial No.20 (Marks secured 504) 5. S.K. Roy (UR) Serial No.21 (Marks secured 503) 6. R.S. Mishra (UR) Serial No.22 (Marks secured 502) 7. A. M.L. Sreeniwas (UR) Serial No.23 (Marks secured 499) 8. Akbal Singh (UR) Serial No.24 (Marks secured 497) 9. Balbir Singh (UR) Serial No.25 (Marks secured 495) 10. Gyanendra Kumar Jindal (UR) Serial No.52 (Marks secured 459) 11. K.L. Rathor (UR) Serial No.54 (Marks secured 492) 12. Sudhir Kumar Udia (UR) Serial No.55 (Marks secured 487) 13. Ms. Sandhya Nateshan (UR) Serial No.61 (Marks secured 459) 14. Rajesh Kumar (UR) Serial No.62 (Marks secured 459) 15. Ajmer Singh (UR) Serial No.63 (Marks secured 459) 16. Jai Prakash Sinha (UR) Serial No.64 (Marks secured 459) 17. Valsan Paloran (UR) Serial No.65 (Marks secured 458) 18. S. Jaya Raman (UR) Serial No.66 (Marks secured 458) 19. Sant Kumar Chaudhary (UR) Serial No.67 (Marks secured 458) (Respondent no.3 to 19 are working as Assistant Engineer (Civil in the Office of Respondents) ..Respondents ( By advocate : Shri D.S. Mehandru for official respondents ) OA No.3687 of 2011 Chanchal Biswas (SC) (Marks secured 347) Junior Engineer in CPWD Aged about 42 years, S/o Late Sh. Nagendra Nath Biswas, R/o Rathkhola Nilayan c/o P.B. Majumdar, PO : Rabindra Sarani, Siliguri, West Bengal. ..Applicant. (By Advocate : Shri Anil Singal) versus 1. Union of India Through its Director General (Works) CPWD, A Wing, Nirman Bhawan, New Delhi. 2. Additional Director General (Training) CPWD, A Wing, Nirman Bhawan, New Delhi. ..Respondents (By advocate : Shri D.S. Mehandru) OA No.1624/2012 MA No.1351/2012 Manish Raisagar (UR) (Marks secured 492) Junior Engineer in CPWD, S/o Late Shri R.S. Raisagar, Aged about 44 years, r/o A-23, Type-III, Income Tax Colony, Civil Lines, Raipur, Chhatisgarh. ..Applicant. (By Advocate : Shri Anil Singal) versus 1. Union of India Through its Director General (Works) CPWD, A Wing, Nirman Bhawan, New Delhi. 2. Additional Director General (Training) CPWD, A Wing, Nirman Bhawan, New Delhi. 3. Gyanendra Kumar Jindal (UR) Serial No.52 (Marks secured 459) 4. Sudhir Kumar Udia (UR) Serial No.55 (Marks secured 487) 5. Ms. Sandhya Nateshan (UR) Serial No.61 (Marks secured 459) 6. Rajesh Kumar (UR) Serial No.62 (Marks secured 459) 7. Ajmer Singh (UR) Serial No.63 (Marks secured 459) 8. Jai Prakash Sinha (UR) Serial No.64 (Marks secured 459) 9. Valsan Paloran (UR) Serial No.65 (Marks secured 458) 10. S. Jaya Raman (UR) Serial No.66 (Marks secured 458) 11. Sant Kumar Chaudhary (UR) Serial No.67 (Marks secured 458) (Respondent no.3 to 11 are working as Assistant Engineer (Civil in the Office of Respondents) ..Respondents ( By advocate : Shri D.S. Mehandru for official respondents ) OA No.1625/2012 MA No.1352/2012 Om Shiva (UR) (Marks secured 484) Junior Engineer in CPWD, S/o Sh. I. P. Katiyar, Aged about 42 years, R/o 152, Utsav Part-II, Mahanagar, Bareilly, UP. ..Applicant. (By Advocate : Shri Anil Singal) versus 1. Union of India Through its Director General (Works) CPWD, A Wing, Nirman Bhawan, New Delhi. 2. Additional Director General (Training) CPWD, A Wing, Nirman Bhawan, New Delhi. 3. Gyanendra Kumar Jindal (UR) Serial No.52 (Marks secured 459) 4. Ms. Sandhya Nateshan (UR) Serial No.61 (Marks secured 459) 5. Rajesh Kumar (UR) Serial No.62 (Marks secured 459) 6. Ajmer Singh (UR) Serial No.63 (Marks secured 459) 7. Jai Prakash Sinha (UR) Serial No.64 (Marks secured 459) 8. Valsan Paloran (UR) Serial No.65 (Marks secured 458) 9. S. Jaya Raman (UR) Serial No.66 (Marks secured 458) 10. Sant Kumar Chaudhary (UR) Serial No.67 (Marks secured 458) (Respondent no.3 to 11 are working as Assistant Engineer (Civil in the Office of Respondents) ..Respondents ( By advocate : Shri D.S. Mehandru for official respondents ) OA No.3273 of 2012 Vinod Kumar Garg (UR) (Marks secured 505) Aged about 44 years, Assistant Engineer in CPWD R/o T-703, Vasundhra Valley Apartments, Sector-6, Vasundhra, Gaziabad, UP. ..Applicant. (By Advocate : Shri Anil Singal) versus 1. Union of India Through its Director General (Works) CPWD, A Wing, Nirman Bhawan, New Delhi. 2. Additional Director General (Training) CPWD, A Wing, Nirman Bhawan, New Delhi. 3. Vijay Kumar Dubey (UR) Serial No.20 (Marks secured 504) 4. S.K. Roy (UR) Serial No.21 (Marks secured 503) 5. R.S. Mishra (UR) Serial No.22 (Marks secured 502) 6. A. M.L. Sreeniwas (UR) Serial No.23 (Marks secured 499) 7. Akbal (UR) Serial No.24 (Marks secured 497) 8. Balbir Singh (UR) Serial No.25 (Marks secured 495) 9. Gyanendra Kumar Jindal (UR) Serial No.52 (Marks secured 459) 10. K.L. Rathor (UR) Serial No.54 (Marks secured 492) 11. Sudhir Kumar Udia (UR) Serial No.55 (Marks secured 487) 12. Ms. Sandhya Nateshan (UR) Serial No.61 (Marks secured 459) 13. Rajesh Kumar (UR) Serial No.62 (Marks secured 459) 14. Ajmer Singh (UR) Serial No.63 (Marks secured 459) 15. Jai Prakash Sinha (UR) Serial No.64 (Marks secured 459) 16. Valsan Paloran (UR) Serial No.65 (Marks secured 458) 17. S. Jaya Raman (UR) Serial No.66 (Marks secured 458) 18. Sant Kumar Chaudhary (UR) Serial No.67 (Marks secured 458) (Respondent no.3 to 18 are working as Assistant Engineer (Civil in the Office of Respondents) ..Respondents ( By advocate : Shri D.S. Mehandru for official respondents ) ORDER (ORAL) DR. DHARAM PAUL SHARMA, MEMBER (J) :
All these Applications involving common questions of law and facts have been tagged and heard together and are being disposed of by this common order.
2. At the very outset, Shri D.S. Mehandru, learned counsel for the respondents in all the cases, has drawn our attention to the additional affidavit filed by the applicants whereby information from the official records having bearing on the issues under consideration in these proceedings have been brought on record by way of this additional affidavit. The information so filed includes a copy of the note dated 27.4.2012 put up to DG for approval on respect of promotion of Junior Engineers (Civil) through Limited Departmental Competitive Examination 1999. Para 3 of the said note reads as follows:-
3. In this connection, the following court cases have been filed in CAT (PB) New Delhi for recalculation of the vacancies of the year 1998-99 filled through LDCE-99. The details of the court cases are as under:
Sl. No. Petition/OA with date Name of Court/Bench of CAT
1. OA No.882/2011 filed by Shri Gianender Kumar & Ors. CAT (PB) New Delhi.
2. OA No.669/2011 filed by Shri Mohd. Pravez Khan CAT, Jabalpur Bench,
3. OA No.3681/2011 filed by Shri Chandresh Kumar CAT (PB) New Delhi.
4. OA No.3678/2011 filed by Shri Sanjay GArg CAT (PB) New Delhi.
5. OA No.3687/2011 filed by Shri Chanchal Biswas CAT (PB) New Delhi.
6. OA No.3686/2011 filed by Zareena CAT (PB) New Delhi.
7. OA No.3684/2011 filed by Shri Sanjay Kumar CAT (PB) New Delhi.
8. OA No.3685/2011 filed by K. Krishna CAT (PB) New Delhi.
9. OA No.3683/2011 filed by Daulat Ram Verms CAT (PB) New Delhi.
10. OA No.3682/2011 filed by Shri Bijay Kumar CAT (PB) New Delhi.
11. OA No.3680/2011 filed by Shiv Kumar CAT (PB) New Delhi.
Paras 19 and 20 of the said note further read as follows:-
19. The department has already filled 424 posts of Assistant Engineers (Civil) against the vacancy of 405 posts. The order number by which the officers have been promoted is at Annexure B. The year wise promotion done earlier has now been readjusted as per revised year wise vacancy. List of 424 officers allocating them vacancy year as per reworked vacancy is as Annexure-C. The excess o19 officers will be adjusted against the 22 supernumerary post created earlier.
For examining the claim of the applicants in above OAs a consolidated result of LDCE 99 was called for from examination cell of Training Division of CPWD. After obtaining the complete result sheet from examination cell on year wise merit list have been prepared which is placed at F/A. After going through the year wise merit list, it is observed that 74 JEs who were not eligible for promotion to the grade of AE on the basis of LDCE 99 got promotion and total 53 candidates are found eligible for promotion to the grade of AE (Civil) which details are placed at F/B. This facts has also been reflected in the judgment of the Honble CAT dated 07.08.2005 at para-7 above. The claims of the Junior Engineer has on to be in order and required the promotion to the post of AE. The entire process calls for the promotion of only 11 junior Engineer to the post of AE. By doing so we will not only redress the grievances of the JEs but also settle 11 court cases in this matter.
20. If approved, we may request examination cell of training division to publish the result of rest 55 (76-12) candidates of the year 98-99 from the LDCE-99. From the records, it appears that the matter was discussed between the ADG (S&P) and DG on 1.5.2012. Since the cases have been sub judice, the respondents have not taken any decision on the proposal contained in the note as aforesaid. In view of the aforesaid, Shri D.S. Mehandru, learned counsel for the official respondents, submitted that since the respondents have already taken cognizance of the applicants grievances and claim put forth by them for redressal but could not proceed further in the matter on account of pendency of these Applications, let these Applications be withdrawn by the applicants to enable the respondents to take necessary measures in the case and if there upon any grievance of the applicants still survive, they may seek redressal thereof as per the law.
3. Shri Anil Singal, learned counsel for the applicants stated that applicants are interested in seeking relief rather than being bogged down by technicalities. If the respondents are inclined to take necessary action, he is willing to withdraw these applications. He, however, urged that the respondents be directed to take necessary action in a fixed time frame. He further supplemented that though the respondents have taken note of 11 OAs in their note referred to above, there are three more which have been filed during the intervening period and the cases of the applicants in these Applications filed subsequently may also be taken up along with 11 OAs.
4. Since the Applications are being withdrawn, we do not find any warrant for issuing any specific directions to the respondents as to the time frame. Suffice it to say that the respondents shall in all probability will take expeditious action in the matter.
5. In view of the aforesaid, Applications are dismissed as withdrawn with liberty to the applicants to seek redressal in case any further grievance survives in accordance with law.
(Mrs. Rajwant Sandhu) (Dr. Dharam Paul Sharma) Member (A) Member (J) /ravi/