Central Administrative Tribunal - Kolkata
Amitesh Das vs M/O Defence on 28 November, 2017
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0.A/350/1456/2017
CENTRAL ADMINISTRATIVE TRiBUNAL
CALCUTTA B EN CH
KOLKATA
No.O.A. 350/1456/2017 Date of order: 28.11.2017
Coram : Hon'ble Ms. Manjula Das, Judicial Member
Hon'ble Dr.(Ms.) Nandita Chatterjee, Administrative Member
AMITESH DAS, aged about 47 years,
Son of Late Atul Krishna Das, residing at
Hariharpur, Kayasthpara, Post Office-Mallickpur,
Police Station-Baruipur, Kolkata-700145 and \
working to the post of Lower bivision Clerk(Stores)
at Canteen Stores Department, Kolkata Depot,
Red Road Camp, Fort William, Kolkata-700021
........... ....Applicant
- VERSUS-
1 UNION OF iNDIAervice through the Secretary,
Ministry of Defence, Government of India,
South BIok, NewbeIhi-110O01,
THE GENERAL MANAGER, Governmeht of India,
Ministry of Defence, nten StèsDepartment,
"ADELPHI' 119, Maharshi Karve Road,
Mumbai-400020;
THE ASSISTANT GENERAL MANAGER(Personnel),
Government of India, Ministry of Defence,
Canteen Stores Department, "ADELPHI' 119,
Maharshl Karve Road, Mumbai-400020;
THEAREAMANAGER, Governmentof
India, Ministry of Defence, Canteen Stores
Department, Kolkata Depot, Red Road Camp,
Fort William, Kolkata-700021;
RAVI NARAYAN, working as Store Keeper
Grade-Ill in the office of Area Depot Manager,
Canteen Stores Department, near ialandhar
Club, Jalandhar Cantonment, Punjab-144005
SANJAY JAIRWAN, working as Lower Division
Clerk(Stores) in the office of Area Depot Manager,
Canteen Stores Department, Araghar, 61,
E.C. Road, Dehradun Cantonment, Uttarakhand;
f.
O.A/350/1456/2017
SANTOSH KU MAR JINDAL, working as Lower
Division Clerk (Stores) in the'office of Area Depot
Manager, Canteen Stores Department, Station
Road, Agra Cantonment-282001 -
RATTAN KUMAR JHA, working as Lower Division
Clerk(Stores), in the office of Area Depot
Manager, Canteen Stores Department, Kolkata
Depot, Red Road Camp, Fort William, Kolkata-70021;
GAJ PAL SING H, working as Lower Division Clerk
(Stores) in the office of Area Depot Manager,
Canteen Stores Department, Araghar, , 61,
E.C. Road, Dehradun Cantonment, uttarakhand;
10.SANJAY NARULA, working as Lower Division Clerk,
(Stores), in the office of Area Depot Manager,
Canteen Stores Department, Meerut, 49, B.C.
Line, Post Box No.49E,MeerUt-250001;
MAHESH K: .SRlVASTAV. working as&ower
Division Clerk(Stores) in the office of Area
Depot Manager, tanteeriStoresDePatmeflt,
Jail Road, p Q Box No 1002, Lucknow-226001,
Uttar Pradesh. S.
VIJAY K: SHARMA, brking as LoerOiviSiOfl
Clerk(Stores) in the office of Area Depot Manager,
Canteen StoresDepartmeflt, Koikata Depot, Red
Road Camp, Fort William, Kolkata-700021;
VIDYAPATHI MISHRA, working as Lower Division
Clerk(Stores) in the office of Area Depot Manager,
Canteen Stores Department, Post Office-Baghdogra,
District. Darjeeling, Baghdogra Cantonment-734422
Respondents
For the applicant : Mr. P.C. Das, counsel
For the respondents : Mr. B.B. Chatterjee, couAsel
ORDER(ORAL)
Dr. Nandita Chatterlee, Administrative Member The instant O.A. has been filed by the applicant under Section 19 of the Central Administrative Tribunals Act, 1985 seeking a direction upon the O.A/350/1456/2 7 0 aside the impugned amended seniority list respondents to quash and/or set issued vide order dated 26.05.2016 and impugned seniority list issued vide communication dated 21.04.2017 both qua the cadre of LDC(s) on the ground that in the said seniority lists the name of the applicant has been placed below that of the private respondents.
Ld counsel for the applicant draws our attention to Annexure A7 to the
2. O.A. citing a circular of the respondents dated 11.10.2002, para 'B' of which states as follows:-
Reclassification will be allowed only ohce and any request for revettitig in formed/brought to to the original cadre will not be entertained It may be W1llb.placed en bloc junibr to thOse the notice of the individuals that they who have already been reclassified as'WC(S)"
It is also seen that on 08.05..2C17(AflfleXUre A-14) a subsequent circular has 3 been issued by the respondent authorities regarding Change of cadre without clarifying whether the earlier drcüIr datedT 11.10.2002 has been modified/amended or revised while issuingthe subsequent order.
attention to a circular of the
4. Ld. counsel for the applicant draws o& ) wherein an eligibility respondent authorities dated 07.09.2017(AnneXUre A-iS list for promotion to the post of Group 'B' and Group 'C' employees were circulated requestin.g the employees to bring to the notice of the respondents any objection to the same within 25.091017. On 15.09.2017, which is well within the last date of submission of objection, the applicant had preferred his objection against the same which appears to be pending at the level of the respondents. Ld. suffice if an instruction counsel for the applicant submits that presently it will le O.A/350/1456/2017 is issued to the respondents to consider the application of the applicant dated 15.09.2017(Annexure A-16) in the light of the circular dated 11.10.2002.
• Ld. counsel for the respondents is also present and heard. Hence, it is directed that the concerned Respondent No.2 will dispose of the representation dated 15.09.2017(AnneXUre A-16) if received at his end within a period of 4 weeks from the date of receipt of this order. While deciding the same, the Respondent No.2 is directed to examine the application of the circular dated 11.10.2002(Annexure A-7). The decision so arrived at should be communicated to the applicant within aperiodof one week thereafter. 7 The Id counsel for the applicant also submits that vide a communication dated 10 10 2017(Annexure A-17) an amenqed list of eligible candidates for the post of Store Keeper-Ill as on l April, 2017 have been published without considering the representation of the applicant at Annexure A-16 of the O.A. Hence, the balance of convehience being in favour of the applicant, it is further directed that until disposalof his representation by the respondent authorities, the amended list of Store Kéeper41l ason fApriI, 2017(Annexure A47) will not be given effect to in respect of the applicant and the private respondents.
8. With the above observations, the O.A. stands disposed of. No costs.
C-
(Dr. Nandita Chatterjee) (Manjula Das) Administrative Member Judicial Member sb