Central Administrative Tribunal - Mumbai
Shri Pradeep Majalikar vs Ihq-Mod(Navy) on 1 July, 2025
1 OA No.901/2022
CENTRAL ADMINISTRATIVE TRIBUNAL
MUMBAI BENCH, MUMBAI.
ORIGINAL APPLICATION No.901/2022
Date of Decision: 01st July, 2025
CORAM: Hon'ble Mr. Shri Krishna, Member (A)
Hon'ble Mr. Umesh Gajankush, Member (J)
Shri Pradeep Majalikar,
Son of Nuno Majalikar
Age 49 years,
Posted as Foreman (Engg),
P.No.F2941L,
C.No.32, DAG Dept.,
Office of the Admiral Superintendent,
Naval Dockyard,
Lion Gate, SBS Marg, Mumbai 400 023.
Mobile - 7021848460
Email - [email protected] ... Applicant
(By Advocate Shri Sanjay Kulkarni)
VERSUS
1. Union of India
Captain (CP)
Directorate of Civil Personnel,
Integrated of Civil Personnel,
Integrated HQs
Digitally signed by Milan Jackson Alphanso
Milan Jackson
DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b,
Phone=
30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc,
PostalCode=401203, S=Maharashtra, SERIALNUMBER=
6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4
, CN=Milan Jackson Alphanso
Alphanso Reason: I am the author of this document
Location:
Date: 2025.07.04 10:37:34+05'30'
Foxit PDF Reader Version: 2024.4.0
Ministry of Defence (Navy),
Talkatora Stadium Annexe Building,
New Delhi - 110 001.
2. The Flag Officer Commanding-in-Chief,
(for CCPO),
Headquarters, Western Naval Command,
Mumbai - 400 001.
Page 1 of 6
2 OA No.901/2022
3. Admiral Superintendent,
Naval Dockyard,
Mumbai - 400 023.
4. Commander
Senior Manager (PRP)
For Admiral Superintendent,
Office of the Admiral Superintendent,
Naval Dockyard,
Mumbai - 400 023. ... Respondents
(By Advocate Mrs. N.V. Masurkar)
ORAL ORDER
Per: Mr. Shri Krishna, Member (A)
The applicant has filed this OA under Section 19 of the Administrative Tribunals Act, 1985 to seek quashing of para 9 of the impugned promotion order dated 25th October, 2022 which provides that 'In cases where the reasons adduced by the individual for his refusal of promotion are not acceptable, the promotion shall be enforced and necessary action such as disciplinary proceedings Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4 , CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.04 10:37:34+05'30' as laid down at para 5(d) of IHQ letter CP(NG)/3008/DPC/Clarification Foxit PDF Reader Version: 2024.4.0 dated 09th April, 2020 shall be initiated by Head of the Unit'.
2. Learned counsel for the applicant submits that the applicant was suffering from Page 2 of 6 3 OA No.901/2022 Tuberculosis in 2022 when the impugned order dated 25th October, 2022 was passed and undergoing treatment at the J.J. Hospital at the relevant point of time. He, therefore, prays that this OA may be allowed and para 9 of the impugned order should be struck down.
3. On being asked about refusal of the promotion, learned counsel for the applicant submits that the applicant has not given any refusal of promotion after the impugned order was passed. However, he has given a representation before the impugned order was passed on 12th October, 2022 for retention at Mumbai. However, no refusal for promotion was given.
4. Learned counsel further submits that he Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4 has made representation to the respondents on , CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.04 10:37:34+05'30' Foxit PDF Reader Version: 2024.4.0 10th September, 2024 and in para 7 of the said representation, he has submitted that he does not want promotion and his juniors may be promoted and he has no objection for the same. According Page 3 of 6 4 OA No.901/2022 to the applicant, the said representation has not been decided by the respondents so far.
5. Learned counsel for the respondents, on instructions, submits that the said representation has been decided and request of the applicant has been rejected.
6. Learned counsel for the respondents further submits that the applicant is sitting on the interim relief from 11th November, 2022 and department is not able to proceed with the enforcement of the promotion order.
7. We have heard learned counsel for both the sides.
8. We find that as per para 8 of the impugned order, it has been specified that 'The Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4 , CN=Milan Jackson Alphanso move of the individuals is to be completed by 30th November, 2022. No Alphanso Reason: I am the author of this document Location:
Date: 2025.07.04 10:37:34+05'30' Foxit PDF Reader Version: 2024.4.0 request for change in place of posting on promotion will be considered.
Unwillingness for promotion, if any, in the prescribed proforma duly indicating the reason(s) is to reach IHQ/DCP by 20 th November, 2022'.Page 4 of 6 5 OA No.901/2022
9. Since the OA was filed on 09th November, 2022 i.e. before the said date of 20th November, 2022 could expire and this Tribunal was pleased to grant interim relief to the applicant vide order dated 11th November, 2022, we deem it appropriate to direct the applicant to submit the unwillingness for promotion, if any, in the prescribed proforma duly indicating the reasons for the same within a period of 10 days from today. The respondents are directed to decide the same within a period of two months from the date of receipt of the refusal for promotion /representation in terms of para 8 of the impugned order. Ordered accordingly.
10. The interim relief granted in terms of Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4 order dated 11th November, 2022 shall continue , CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.04 10:37:34+05'30' Foxit PDF Reader Version: 2024.4.0 till the representation as indicated above in terms of para 8 of the impugned order is decided by the respondents and communicate the same to the applicant within a period of one week Page 5 of 6 6 OA No.901/2022 thereafter.
11. With the aforesaid direction, the Original Application stands disposed of. However, we make it clear that the respondents are at liberty to proceed with the promotion of other employees. Pending MAs, if any, stand closed. No order as to costs.
(Umesh Gajankush) (Shri Krishna)
Member (J) Member (A)
ma.
Digitally signed by Milan Jackson Alphanso
Milan Jackson
DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4 , CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.04 10:37:34+05'30' Foxit PDF Reader Version: 2024.4.0 Page 6 of 6