Rajasthan High Court - Jodhpur
Union Of India vs Bal Kishan on 25 August, 2021
Bench: Vijay Bishnoi, Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 11247/2021
1. Union Of India, Through The Secretary, Ministry Of
Defence, Sena Bhawan, New Delhi
2. Director General Of Ordnance Services (Os-8C), Mgo's
Branch, Army Ordnance Corps Hq's South Western
Command, Jaipur - 908546 C/o 56 Apo
3. Major General, Army Ordnance Corps Hq's South Western
Command, Jaipur - 908546 C/o 56 Apo
4. Officer-In-Charge, Army Ordnance Corps Records, Pin -
900453 C/o 56 Apo
5. Commandant, 27 Field Ammunition Depot, Pin - 909427
C/o 56 Apo
----Petitioners
Versus
1. Bal Kishan S/o Puran Chand, Aged About 37 Years, C/o
27, Fad, C/o 56 Apo Pin - 909427 Presently Working On
The Post Of Fire Engine Driver B In The Office Of
Commandant 27 Fad C/o 56 Apo
2. Lal Chand Kamboj S/o Puran Chand, Aged About 34
Years, C/o 27 Fad, C/o 56 Apo Pin - 909427 Presently
Working On The Post Of Fire Engine Driver B In The Office
Of Commandant 27 Fad C/o 56 Apo
----Respondents
For Petitioner(s) : Mr. Mukesh Rajpurohit, ASG
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(2 of 4) [CW-11247/2021]
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Judgment / Order 25/08/2021 This writ petition under Article 227 of the Constitution of India has been preferred on behalf of the petitioners being aggrieved with the order dated 5.12.2019 passed by the Central Administrative Tribunal, Jodhpur Bench (for short 'the CAT') in OA No.290/00441/2015, whereby while allowing the OA preferred on behalf of the respondents, the CAT has directed the petitioners to send the names of applicant- respondents for the next available General Course in Fire Fighting and Senior Fire Supervisor Course at Center for Fire, Explosive and Environment Safety (for short 'the CFEES'), DRDO, Ministry of Defence, Government of India Timarpur, New Delhi.
The respondents, who are working as Fire Engine Driver 'A' have filed an OA before the CAT being aggrieved with the action of the petitioners of not sending them to undergo the CFEES course, though the persons junior to them namely Shri Shish Ram and Shri Vijay Kumar were sent for CFEES course. The respondents have further raised a grievance that since (Downloaded on 27/08/2021 at 08:26:46 PM) (3 of 4) [CW-11247/2021] two fireman, junior to them namely Shri Shish Ram and Shri Vijay Kumar have been sent for CFEES course, they have been ignored illegally by the petitioners. It was contended by the respondents before the CAT that the CFEES course is prerequisite for further promotions and action of the petitioners of not sending the respondents for CFEES course denies them the opportunity for further advancement and is bound to lead to a situation, in which, their juniors namely Shri Shish Ram and Shri Vijay Kumar eventually become senior to the applicant- respondents on promotion. The representations filed by the respondents before the petitioner-authorities were rejected on the ground that the fireman Shri Shish Ram and Shri Vijay Kumar have been detailed directly by unit against vacancies released by command level.
The petitioners have filed reply to the OA before the CAT, in which, while denying the claims of the respondents, it was contended that the employees are being detailed for CFEES course on some kind of centrally seniority basis, however, the two employees Shri Shish Ram and Shri Vijay Kumar were nominated directly by unit against vacancies released by command level.
The CAT has come to the conclusion that the action of the petitioners of ignoring the claims of the (Downloaded on 27/08/2021 at 08:26:46 PM) (4 of 4) [CW-11247/2021] respondents of not sending them for CFEES course is arbitrary as no valid reason has been supplied for overlooking the claims when admittedly the persons sent for CFEES course are junior to them.
Having heard learned counsel for the petitioners and taking into consideration the fact that as per own case of the petitioners before the CAT that the employees are being detailed for CFEES course on centrally seniority basis and the persons namely Shri Shish Ram and Shri Vijay Kumar are admittedly junior to the respondents, we do not find any illegality in the impugned order passed by the CAT.
Hence, no case for interference in this writ petition is made out and the same is hereby dismissed. Stay petition is also dismissed.
(VINIT KUMAR MATHUR),J (VIJAY BISHNOI),J 8-msrathore/-
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