Central Administrative Tribunal - Delhi
Om Prakash Sharma (Age About 50 Years) vs Union Of India & Others Through on 6 February, 2013
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH CP No.76 of 2013 IN OA No.4404 of 2011 New Delhi, this the 6th day of February, 2013 HONBLE DR. DHARAM PAUL SHARMA, MEMBER (J) HONBLE SHRI BIRENDRA KUMAR SINHA, MEMBER (A) 1. Om Prakash Sharma (Age about 50 years) Working as D/Man Grade-II (Civil) S/o Late Sh. Chattar Singh, O/o Director of Consultancy Services, Nirman Bhawan, New Delhi. R/o B-12, Pocket 2, Kendriya Vihar, Sector-82, Noida. 2. Jitender Singh (Age about 41 years) Working as D/Man Grade-II (Civil) S/o Sh. Dilip Singh, O/o U.F. W.S. Division-4, Pant Marg, New Delhi. R/o House No.499, Vill. & Post Dichaon Kavan, New Delhi. 3. Randhir Singh Sagar (Age about 48 years) Working as D/Man Grade-II (Civil), s/o Sh. P.S. Sagar, O/o Q-Division, CPWD, East Block 1, R.K. Puram, New Delhi. R/o AO-91, Shalimar Bagh, New Delhi-88. 4. Raj Narain Parsad Roy (Age about 54 years) Working as WA S/o Sh. Sukhi Chand Roy, O/o E-Division, CWD, CSD, New Delhi. R/o WC-1/5, Teen Murti Lane, New Delhi. 5. Sharvan Kumar (Age about 47 years) Working as WA S/o Sh. Hari Shankar Prasad, O/o N-Division, CPWD, IP Bhawan, New Delhi R/o R2F-777/21, Gali-16, Raj Nagar 2, Palam Colony, New Delhi. 6. Naresh Kumar (Age about 42 years) Working as D/Man Grade-II (Civil), S/o Sh. Babu Lal, O/o R-Division, IP Bhawan, CPWD, New Delhi. R/o 17/27, Gali-10, Laxman Vihar, Gurgaon-122006. 7. Rajesh Kumar (Age about 48 years) Working as D/Man Grade-II (Civil), s/o Sh. Chetan Dass, O/o Gurgaon Central Division, Gurgaon, Haryana R/o 784, Sector-7, Gurgaon-122004. 8. Nirman Dass Makhija (Age about 42 years) Working as D/Man Grade-II (Civil), O/o P.W.D. (M-411), GNCTD, Okhla, New Delhi R/o House No.1374, Sector-55, Faridabad, Haryana. 9. Surender Kumar (Age about 46 years) Working as D/Man Grade-II (Civil), s/o Sh. Gopal Chand, O/o Chief Engineer, Building Project Jone-B1, Ist Floor, MSO Building, New Delhi R/o House No.1331, Sector-18, Faridabad, Haryana. 10. Jagdish Chander (Age about 50 years) Working as D/Man Grade-II (Civil), s/o Late Sh. Hans Raj, O/o CE/NDZ 4/CPWD, East Block, RK Puram, New Delhi-66. R/o C/o Satbir Singh, Sector-5, R.K. Puram, New Delhi. 11. Pradeep Chandra (Age about 43 years) Working as D/Man Grade-II (Civil), s/o Sh. Vimal Chandra, O/o EE, P. Division, CPW, Andress Gang, New Delhi. 12. Krishan Barmuda (Age about 44 years) Working as F.P. S/o Sh. Chunni Lal, O/o Senior Architech-3, 9th Floor, B-Wing, Janpath Bhawan, New Delhi. R/o 87/104, Khera Kalan, Mohan Adda, Delhi-82. 13. Anil Kumar (Age about 41 years) Working as D/Man Grade-II (Civil), s/o Sh. Kunwar Singh, O/o PWD (M-132), Jail Road, Tihar, New Delhi. R/o House No.RZ-74/1A, Gali No.10, East Sagar Pur, New Delhi-46. 14. Ramesh Kumar (Age about 48 years0 Working as D/Man Grade-II (Civil), s/o Sh. Lal Chand, O/o PWD (M-433), FFC, Jhandewalan, New Delhi R/o C-21A, Anand Vihar, Uttam Nagar, New Delhi-59. 15. Mahender Kumar Anand (Age about 49 years) Working as D/Man Grade-II (Civil), s/o Sh. O/o EE, J. Division, East Block 2, R.K. Puram, New Delhi. WZ-1B, Second Floor, Street No.13, Ratan Park, New Delhi-15. 16. Bhagwati Prasad (Age about 44 years) Working as D/Man Grade-II (Civil), s/o Sh. Chiranji Lal, O/o EE, RML Hospital Division, New Delhi. R/o BD-1001, Sarojini Nagar, New Delhi. 17. Boop Singh (Age about 47 years Working as D/Man Grade-II (Civil), s/o Sh. Bishambar Dayal, O/o G-Division, East Block-2, R.K. Puram, New Delhi. 18. Brahmanand (Age about 45 years) Working as D/Man Grade-II (Civil), s/o Sh. Suraj Bhan, O/o 2-Division, East Block-4, R.K. Puram, New Delhi. R/o 73/10, Sector-1, Pusp Vihar, New Delhi. 19. Girish Chand (Age about 49 years) O/o Srinagar Central Division, s/o Sh. Pati Ram, R/o M-341, Sarojini Nagar, New Delhi-110023. 20. Jyoti Rajoria (Age about 26 years) S/o Sh. Tej Beer Singh, O/o G.T.B. Hospital Division, New Delhi. R/o B-1/Second Floor, Shatabdi Aptt. Dilshad Colony, Delhi-110095. 21. Raghuvir Sharan (Age about 48 years) Working as D/Man Grade-II (Civil), s/o Sh. Bhoj Raj, CE CDO, Nirman Bhawan, N.D. R/o House No.1223, Sector-4, R.K. Puram, Delhi. 22. Sahab singh (Age about 51 years) Working as D/Man Grade-II (Civil), O/o PWD CRMC-M-31, Punjabi Bagh, R/o H.No.35, E-Block, Maksudabad, Ex. Colony, Najafgarh, New Delhi-43. 23. Jagpal Singh Joon (Age about 42 years) Working as D/Man Grade-II (Civil), s/o Late Sh. Hoshyar Singh, O/o Parliament House Civil Works Division, 36, GRG Road, New Delhi-1. R/o New F-34, Shastri Nagar, Delhi-52. 24. Narendra Singh Kathait (Age about 44 years) Working as D/Man Grade-II (Civil), s/o Late Sh. Hukam Singh Kathait, O/o CDO, CPWD, Nirman Bhawan, New Delhi. R/o 19/431, Vasundhara, Ghaziabad. 25. Somveer Singh (Age about 45 years) Working as D/Man Grade-II (Civil), s/o Late Shri Ishwar Singh, O/o SSK Hospital Division, CPWD< R/o House No.16A, Shyam Vihar, Phase-II, Din Pur, Najafgarh, New Delhi. 26. Malay Kumar Purkait (Age about 43 years) Working as FP s/o Sh. P.R. Purkait, O/o CPWD NDZ-II, Zonal Office, 59-T, Sector 4 Raja Bazar, Gole Market, Delhi. 27. Anil Kumar (Age about 47 years) Working as Plumber, S/o Sh. Indra Singh, SSK Hospital Division, CPWD, R/o R-Z, 30J, 216/2, West Sagarpur, New Delhi-46. 28. Kamlesh Kumar (Age about 48 years) Working as WA S/o Late Sh. Rajender Thakur, O/o Lukhnow Central Division 1, Type-2/6, Staff Quarter, R/o Akansha Parisar, Sector-F, Janki Puram, Delhi. 29. Rajender Kumar (Age about 46 years) D/Man Grade-II (CBMD-M-123), s/o Late Sh. Kesho Ram, O/o PWD Dwarka, Sector-3, New Delhi. R/o RZ-X-286, New roshan Pura, Najafgarh, New Delhi-43. 30. Naveen Kumar (Age about 42 years) D/Man Grade III s/o Late Sh. Rameshwar Dass, O/o FPC/F-13, Mukarba Chowk, Delhi. R/o House No.HU-48, Pitam Pura, Delhi-88. 31. Rajesh Kumar (age about 42 years) D/Man Grade III S/o Sh. Umed Singh, O/o PWD CRMD, M-312, Sainik Vihar, Delhi R/o 20/181, New Basti, Bahadurgarh (Hary.). 32. Harish Chandra Arya (Age about 51 years) D/Man Grade II, Sh. Late Sh. Dharam Ram, O/o CBMD, M-322, PWD Below Flyover, ISBT, Kashmere Gate, Delhi. R/o C-2, PWD, Enquiry Flat, Sindhura Kalan, Delhi-52. 33. Jagpal (Age about 44 years) D/Man Grade II, s/o Sh. Ram Kishan, O/o DCC VI, CPWD, R.K. Puram, New Delhi. R/o House No.C-20, Vipin Garden, Katrola More, New Delhi-59. 34. Bijender Singh (Age about 44 years) D/Man Grade II S/o sh. Gulab Singh, O/o Vigyan Bhawan Circle, CPWD, New Delhi. R/o Village Naya Gaon, Fazalpur, Dist. Palwal (Hary.). 35. Krishan Kumar (Age about 43 years) D/Man Grade II S/o Late Sh. Mool Chand, O/o PCWC, New Delhi R/o 357/9, Subhash Nagar, Gurgaon, Haryana. 36. Suresh Kumar (Age about 43 years) D/Man Grade III, s/o Late Sh. Ram Phool Singh, O/o PWD CRMD M-III, RR Line, Dholaua Kuan, New Delhi. 37. Chander Prakash (Age about 50 years) D/Man Grade II, s/o Late Sh. Harsh Ram, O/o M-23, Lok Nayak Satu, Western Block, I.P. Estate, New Delhi. R/o 289, Sector-1, Sadiqe Nagar, New Delhi-50. 38. Parveen Kumar (Age about 45 years) D/Man Grade II, S/o Sh. Shiv Lal Gupta, O/o Chief Engineer, BP Zone-B1, MSO Building, PWD, New Delhi. R/o E-14, Soami Nagar, New Delhi-110017. 39. Bir Singh (Age about 49 years) Foreman (Electrical), S/o Sh. Kali Charan, O/o ED-4, CPWD, I.P. Bhawan, New Delhi. R/o 23B, Brijwasi Mohalla, Sultan Pur, Maharauli, New Delhi. 40. Sanjay Luthra (Age about 42 years) D/Man Grade III, s/o Sh. Om Prakash, O/o PAWD-1, CPWD, New Delhi. R/o 683, Sector 12, Sonepat (Haryana). 41. Jai Singh (Age about 48 years) D/Man Grade II, s/o Sh. Dilip Chand, O/o SJH Division, CPWD< R/o 298, Partap Vihar, Phase-II, Delhi-86. .. Petitioners (By Advocate Shri M.K. Bhardwaj) Versus Union of India & others through 1. Dr. Sudhir Krishna Secretary Govt. of India Ministry of Urban Affairs & Employment Nirman Bhawan, New Delhi-110011. 2. Shri Ashok Khurana The Director General of Works Central Public Works Department Nirman Bhawan, New Delhi 3. Shri Gopinath Pradhan The Director/Chairman Distance Education Council IGNOU Maidan Garhi, New Delhi-110068. ..Respondents ORDER (ORAL) DR. DHARAM PAUL SHARMA, MEMBER (J) :
This CP has been moved by the petitioners alleging non-compliance with the directions issued in OA No.3552/2011 with OA No.4404/2011 vide order dated 24.4.2012. The Original Applications were disposed of with directions to the petitioners to make representations to the competent authority within a period of one month and upon such representation, the respondents were directed to consider the same and pass the appropriate orders within a period of one month from the date of receipt of representation of the applicants.
2. The grievance of the applicants herein has been that they have made representations within the prescribed period, yet the respondents have not considered and decided their representations till date. Shri M.K. Bhardwaj, learned counsel for the applicants submits that in a similar matter, the High Court vide its order dated 28.1.2013 in W.P. (C) No.1149/2012 has held as follows:-
8. But till the Supreme Court decides on the subject, petitioners being held not be treated as having valid degrees but this would be subject to the view which the Supreme Court may finally take.
9. The Writ Petition stands disposed of declaring as above but without any order as to costs.
3. The applicants counsel requests that the respondents be directed to consider their representations having due regard to the judgment of the Delhi High Court in Writ Petition (Civil) No.1149/2012.
4. After arguing for a while, the applicants counsel seeks to withdraw this Contempt Petition with a view to take up the matter with the respondents in the first instance, whereupon he would take further action if need be as per the law.
5. The Contempt Petition is dismissed as withdrawn with liberty as prayed for.
(Birendra Kumar Sinha) (Dr. Dharam Paul Sharma) Member (A) Member (J) /ravi/