Central Administrative Tribunal - Bangalore
Geological Survey Of India, Scientific ... vs Union Of India (Uoi) Represented By Its ... on 26 March, 2007
ORDER
G. Sivarajan, J. (Vice Chairman)
1. The Geological Survey of India, Scientific Officers Association represented by its Treasurer who is working as Geologist (Junior) and a Member of the said Association who is working as an Assistant Chemist Gr. I have filed this OA seeking for the following reliefs:
i) Call for records relating to the impugned order bearing No. 478/SP/3/1(184/Law-59/2006 dated 9/13.2.2007 vide Annexure-A10, passed by 2nd respondent, peruse the same declaring the failure of part of respondents in not holding DPC as arbitrary and affecting the rights of applicants association under Article 14 and 16 for being considered for further promotion and also violation of directions issued by the Govt. in the form of Official Memorandum from time to time.
ii) Issue a direction to the respondents to conduct and hold DPC meeting as expeditiously as possible to various vacant posts available in respondent department in different cadres of Scientific Officers and extend to the members of the Association the benefits of retrospective promotion from thereafter the availability of vacant posts depending upon seniority, eligibility and according to Cadre and Recruitment rules, extending them all consequential benefits;
iii) Pass such orders or direction as this Hon'ble Tribunal may deem fit in view of the facts and circumstances of the case as stated above, including award of cost in the interest of justice and equity.
2. The applicants have earlier approached this Tribunal by filing OA No. 361/2006 which was disposed of by order dated 31-10-2006 (Annexure A9). The Tribunal directed the respondents to consider the representation filed by the applicants in accordance with the rules and instructions issued by the DOP&T including Annexure A1. Pursuant to the said direction the second respondent has issued an order dated 9/3-2-2007 (Annexure A10). This order is impugned in this OA.
3. Shri R.S. Jois, learned Counsel for the applicant submits that the main grievance of the applicants is regarding the non-convening of DPC for promotion to the post of Geologist (Sr.) The counsel submits that Shri Ganganna, the Treasurer of the first applicant who is working as Geologist (Jr) retires in two years and therefore urgent convening of DPC for promotion to the post of Geologist (Sr) is necessary. We find from the impugned order that the respondents have stated that "the DPC proposal for promotion to the post of Geologist (Sr.) for vacancies up to 2006-07 is likely to materialize shortly." Counsel submits that there is no guarantee that the respondents will convene the DPC within a short period. We have considered the said submission. Now it is clear that the respondents have taken steps to convene the DPC for promotion to the post of Geologist (Sr.) for vacancies up to 2006-07 and that the same is likely to materialize shortly. In the circumstances, the apprehension of the applicants is unfounded. However, if the respondents intend to fill up the vacancies in the post of Geologists (Senior) and if the same is a requirement and if there is no impediment in the way, we direct the respondents to arrange for the DPC as an urgent basis. The OA is disposed of as above at the admission stage itself. Issue copies.