Central Administrative Tribunal - Delhi
Binu G S vs M/O Home Affairs on 10 February, 2016
Central Administrative Tribunal
Principal Bench
OA No.3400/2015
MA No.3717/2015
New Delhi, this the 10th day of February, 2016
Hon'ble Mr. A.K. Bhardwaj, Member (J)
Hon'ble Mr. V.N. Gaur, Member (A)
Binu G.S.,
S/o Late Shri J. Gopinathan,
Age 44 years,
Field Officer (Telecommunication)
Sashatra Seema Bal, Min of Home Affairs,
R/o 30, Qtr. No.1955/III, NH 4, NIT Faridabad,
Haryana.
...applicant
(By Advocate : Shri Padma Kumar S. )
Versus
1. The Union of India Through,
The Secretary,
Ministry of Home Affairs,
Government of India,
North Block, New Delhi.
2. The Director General,
Sashastra Seems Bal,
East Block, R.K. Puram,
New Delhi.
3. Secretary,
DOP&T, North Block,
New Delhi-1.
4. Secretary,
Union Public Service Commission,
Dholpur House, Shahjahan Road,
New Delhi-3.
...respondents.
(By Advocate : Dr. Ch. Shamsuddin Khan)
2 OA No.3400/2015
ORDER (ORAL)
Mr. A.K. Bhardwaj, Member (J) :-
OA No.3400/2015
The prayer made in the OA reads thus :-
"(a) Quash and set aside the Sashastra Seems Bal, Non-combatised (Telecommunication) Service Group Posts Recruitment Rules, 2012 to the extent it contain the qualification of Degree in Electronics as a qualification for promotion to the post of SFO (Tele.).
(b) Alternatively, direct the respondents to relax the condition for the Applicant from having Degree in Electronics instead of the existing qualification of Diploma in Electronics.
(c) Any other direction which this Hon'ble Tribunal may be pleased pass under the facts and circumstances of the case."
2. We find from the Memorandum dated 28.05.2015 that a proposal had been taken up with MHA with request to re-consider the proposal for insertion of protection clause or to delete the degree as essential educational qualification for promotion to the rank of SFO (Tele) in the Recruitment Rules to facilitate the feeder grade posts to attain promotion. The Memorandum read thus :-
"M E M O R A N D U M Subject : Redressal of Grievance Refer your Grievance vide registration Number MINHA/E/2015/2356 dated 13th August, 2015 received through CPGRAMS (Central Public 3 OA No.3400/2015 Grievances Redress and Monitoring System), regarding adverse career effect on account of change in the eligibility conditions for promotion to the rank of Senior Field Officer (Tele) in the revised RRs' 2012 and requesting for an expeditious action to set right the anomalies by considering insertion of protection clause or deletion of degree as essential criteria for promotion.
In above context, it is intimated that the proposal for insertion of a protection clause in the existing Recruitment Rules was taken up with MHA/DoP&T but DoP&T has not agreed to the proposal for its being not in consistent with stipulated guidelines.
A proposal has again been taken up MHA with the request to re-consider the proposal for insertion of protection clause or to allow deletion of the essential educational qualification prescribed for promotion to the rank of SFO (Tele) to facilitate the feeder grade posts attain promotion. The proposal is under consideration with DoP&T and suitable action shall be taken after receipt of the outcome of the proposal."
3. In the wake of the proposal, we are of the view that interest of justice would be served if a direction is given to the respondents to finalise their decision on the proposal within four weeks. Ordered accordingly. The OA stands disposed of. No costs. MA No.3717/2015
In view of the aforementioned order, the MA stands disposed of.
( V.N. Gaur ) ( A.K. Bhardwaj )
Member (A) Member (J)
'rk'