Central Administrative Tribunal - Delhi
Bhupal Singh Kanyal vs M/O Defence on 1 June, 2018
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A. No.2333/2018
M.A. No. 2588/2018
M.A. No. 2587/2018
New Delhi, this the 1st day of June, 2018
HON'BLE MR. V. AJAY KUMAR, MEMBER (J)
HON'BLE MR. UDAY KUMAR VARMA, MEMBER (A)
1. Ex-Sub Maj Bhupal Singh Kanyal, JE (Civil)
JC-327752M,
Aged about 47 Years
S/o Sh. Madan Singh Kanyal
R/o 57/B, Kanchan Nagar,
Kanchana Bihari Marg, Kalyan Pur Extn.,
Near IISE College, Kalyan Pur, Lucknow,
UP. -226022.
2. Ex-Sub Major Raghunath Prasad Jat, JE, (Civil)
JC-330428A,
Aged about 49 years,
S/o Sh. Ramu Ram Jat,
R/o Bawadi, Minda Nagaur,
Rajasthan-341509.
3. Ex-Sub Maj Laxman Yadav, JE (Civil)
JC-327684K,
Aged about 49 years,
S/o Sh. Jaga Yadav,
R/o H. No. 27, Andar Dhala, Tulshi Nagar,
P.O. & Distt. Siwan, Bihar-841226.
4. Ex-Sub Major Rajangam A., JE(Civil)
JC-331217K,
Aged about 45 years
S/o Sh. Amaladas,
R/o 133, Laxmi Sunder Nagar, Asthampatti,
Salem, Tamilnadu-636007.
5. Ex-Sub Major Jyoti Parkash, JE (C)
JC-327685M,
Aged about 48 years,
S/o Late Sh. Nobat Ram,
R/o Village Ghai Bhajwal,
P.O. Bunpuri, Tehsil Sunderbani,
Distt. Rajouri, J&K-185153.
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OA No.2333/2018
6. Ex-Sub. Maj Tarkeshwar Nath Routh, JE(C)
JC-327750F
Aged about 47 years
S/o Sh. Rajgirihi Routh,
R/o H.No. 4/5, Raja Rahul City,
P.O. Neel Matha, Distt. Lucknow,
U.P. -226002.
7. Sub. Maj. Subhash Kumar, JE (C)
JC-331551L,
Aged about 52 years
S/o Sh. Megh Raj Singh
R/o P/99/1, Kabul Line,
Delhi Cantt.-10
8. Ex-Sub. Maj. Sivadasan, R., JE (E&M)
JC-331109A,
Aged about 51 Years,
S/o Sh. Raghavan,
R/o Palazhi (Parureth) House,
P.O. Nangiarkul Angara,
Distt. Alapuzha, Kerala-690513
9. Ex-Sub Maj. B. John Joseph, JE (C)
JC-331178W,
Aged about 45 Years
S/o Sh. Benjamin,
R/o 1-B, F-2, R.R. Niwas
Murugan Kovil Street,
Vivekananda Nagar, Kulathur,
Chennai-600099.
10. Ex-Sub. Maj Devendra Prasad Yadav, JE (C)
JC-330575H,
Aged about 48 years
S/o Sh. Dukha Rai,
R/o Bahuarwa, P.O. Bishnu Pur,
Tehsil Vaya Parihar, Distt. Sitamarhi,
Bihar-843324. ..Applicants
(By Advocate: Shri M.K. Bhardwaj)
Versus
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OA No.2333/2018
1. Union of India,
Through its Secretary,
Ministry of Defence,
South Block, New Delhi
2. Engineer-in-Chief
Ministry of Defence
Rajaji Marg, Kashmir House,
New Delhi. .. Respondents
(By Advocate : Shri R.K. Sharma)
ORDER (ORAL)
By Mr. V. Ajay Kumar, Member (J) Heard Shri M.K. Bhardwaj, the learned counsel for the applicants and Shri R.K. Sharma, the learned counsel appeared on behalf of the respondents on receipt of advance notice.
2. MA 2587/2018 filed for joining together is allowed.
3. MA 2588/2018 filed for seeking exemption is also allowed.
4. The applicants filed the O.A. seeking the following relief(s):
"(i) To declare the action of respondents in not finalizing the selection of applicants for appointment to the post of JE(Civil) and JE (E/M) under DCRE Quota as illegal and issue appropriate directions for appointing the applicants to the aforesaid post of JE(C) & JE(E/M) by way of deputation cum re-employment against the available vacancies with all consequential benefits including arrears of pay.
(i) To direct the respondents to consider the applicants for appointment under DCRE Quota at par with similarly placed persons and give them appointment from due date with all consequential benefits including arrears of pay.
(ii) To pass such other and further orders which their lordships of this Hon'ble Tribunal deem fit and proper in the existing facts and circumstances of the case."4 OA No.2333/2018
5. It is submitted that the applicants made number of representations and also got issued a Legal Notice dated 16.05.2018 ventilating their grievances to the respondents. However, no orders have been passed thereon till date.
6. In the circumstances, the O.A. is disposed of at the admission stage itself, without going into the other merits of the case, by directing the respondents to consider the Legal Notice dated 16.05.2018 got issued on behalf of the applicants and to pass appropriate reasoned and speaking order thereon, in accordance with law, within 60 days from the date of receipt of a certified copy of this order. No order as to costs.
Let a copy of the O.A. be enclosed to this order.
(UDAY KUMAR VARMA) (V. AJAY KUMAR) MEMBER (A) MEMBER (J) /Jyoti/