Central Administrative Tribunal - Delhi
Akhilesh Kushwaha vs Deptt Of Electronics Information ... on 18 October, 2023
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 1407/2023
Reserved on: 11.10.2023
Pronounced on: 18.10.2023
Hon'ble Mr. Justice Ranjit More, Chairman
Hon'ble Mr. Anand Mathur, Member (A)
1. Akhilesh Kushwaha s/o Bhola Singh Kushwaha
R/o : N-3, N-Block, CPWD Quarters, Vijayanagar,
Bangalore-560040
(Aged about 35 years)
SO 'SB' Posted at:
ETDC Bangalore,
Peenya Industrial Estate,
100 Feet Road,
Bangalore, Karnataka-560058
(In-Service)
2. Pradnya Deviprasad Ketkar w/o Deviprasad Ketkar
Flat no 11-12, Poornima Building,
Plot no 62,Pestom Sagar, Road No. 2,
Chembur, Mumbai 400089.
(Aged about 58 years)
Scientist "C"
Posted at:
Electronics Regional Test Laboratory West,
Plot No. F 7&8, MIDC Area, Opp.Seepz, Andheri
East, Mumbai- 400093.
(In-Service)
3. Shrikant Ashok Dingore
s/o Late Ashok Gajanan Dingore
103, Sudama Prasad Co-op. Hsg. Society,
Mukharji Road, Near R. B. T. Hindi School,
Dombivli(East), Maharashtra, Pin 421201
(Aged about 54 years)
Scientist-'C'
Posted at:
Electronics Regional Test Laboratory West,
Plot no. F 7&8, MIDC Area, Opp.Seepz, Andheri
East, Mumbai- 400093.
(In-Service)
2
4. Lata Dilip Gholap d/o Late Laxman RavbaKhatal
R/o : K1 /102, Neelyog Residency, Pantanagar,
Ghatkopar (E), Mumbai 400075
(Aged about 57 years)
Scientist : 'C'
Posted at:
Electronics Regional Test Laboratory West,
Plot no. F 7&8, MIDC Area, Opp.Seepz, Andheri
East, Mumbai- 400093.
(In-Service)
5. Seema Atul Apte d/o Late Vithal Yashwant Bagul
R/o : A-13, Amarhind Society, Sant Muktabai
Marg, Vile Parle (E), Mumbai - 400057
(Aged about 60 years)
Scientist "C"
Posted at:
Electronics Regional Test Laboratory West,
Plot no. F 7&8, MIDC Area, Opp.Seepz, Andheri
East, Mumbai- 400093.
(Retired)
6. Vishwas Rajaran Chavan
s/o Sh Rajaram Dada Chavan
R/o. B-2/14/4, Sector 15, Juhunagar, Vashi
Navi Mumbai - 400703
(Aged about 57 years)
Scientist C
Posted at:
Electronics Regional Test Laboratory West,
Plot no. F 7&8, MIDC Area, Opp.Seepz, Andheri
East, Mumbai- 400093.
(In-Service)
7. Chitra Abhijit Adarkar d/o Late Mukund Daji Patil
R/o : CD -51, Flat no. C-12, Shrirang Society, Thane
(W), Mumbai 400601
(Aged about 59 years)
Tradesman "I"
Posted at:
Electronics Regional Test Laboratory West,
Plot no. F 7&8, MIDC Area, Opp.Seepz, Andheri
East, Mumbai- 400093.
(In-Service)
8. Santosh Kumar Shukla s/o Sh. Bal Krishna Shukla
R/o. Flat No. 41, ERTL Staff Qtrs. Gulmohar
Crossroad 12, Juhu, Mumbai, 400049.
(Aged about 35 years)
3
SO "SB"
Posted at:
Electronics Regional Test Laboratory West,
Plot no. F 7&8, MIDC Area, Opp.Seepz, Andheri
East, Mumbai- 400093.
(In-Service)
9. Arun Udam Kokani s/o Sh. Udam Isu Kokani
R/o : Bldg. No. 5, Flat No. 8, Runwal Meadows,
Near Warje sports complex, Warje, Pune:411058
(Aged about 59 years)
Scientist "C"
Posted at :
ETDC, Pune, Agriculture College Campus,
Shivajinagar, Pune: 411005
(In-Service)
10. Ratna Potdar d/o Sh. Deepak Kumar Potdar
R/o : B-802, The Turf Society, B. T. Kawade road,
Ghorpadi, Pune: 411036
(Aged about 32 years)
SO "SB"
Posted at :
ETDC, Pune, Agriculture College Campus,
Shivajinagar, Pune: 411005
(In-Service)
11. Shivkumar Ganpati Mustapure
S/o Sh. Ganpati Basuappa Mustapure
R/o : Flat No. 35, Mahalaxmi Heights, Keshavnagar,
Chinchwadgaon, Pune: 411033
(Aged about 29 years)
Tradesman "C"
Posted at :
ETDC, Pune, Agriculture college campus,
Shivajinagar, Pune: 411005
(In-Service)
12. Narendra Kumar s/o Sh. Shri Charan Singh
R/o : Type 5, Quarter No. 7, W-Block,
G. P. R. A. Quarters, Near Akurdi Railway station,
Akurdi, Pune: 411044
(Aged about 58 years)
Scientist : "F"
Posted at :
ETDC, Pune, Agriculture college campus,
Shivajinagar, Pune: 411005
(In-Service)
4
13. Aniruddha Ramesh Wagh
S/o Sh. Ramesh Vishnu Wagh
R/o :Hemgiri apartments, Survey no. 112/2/6,
Flat no. 101, Veerbhadranagar road,
Baner, Pune 411045
(Aged about 60 years)
Tradesman "G"
Posted at :
ETDC, Pune, Agriculture college campus,
Shivajinagar, Pune: 411005
(Retired)
14. Krishan Murari Chhabra
S/o Late Sh Nand Lal Chhabra
R/o : 110 GF,Sector-51-A, Chandigarh-160047
(Aged about 60 years)
Scientist 'D'
Was Posted at: ETDC, Mohali
B-108, Phase 8, Industrial Area
Mohali, Punjab - 160071
(Retired)
15. Rampal s/o Sh. Soran Singh
R/o : 7608, Block-H, Aerocity, SAS Nagar, Mohali,
Punjab-140603
(Aged about 56 years)
Scientist 'C'
Posted at :
ETDC, Mohali, B-108, Phase 8, Industrial Area
Mohali, Punjab - 160071
(In-Service)
16. Deepankar Yadav s/o Sh. Narendra Kumar
R/o : Vill. Bohra, Post off. Basta, Distt. Bijnor,
U.P.- 246736
(Aged about 32 years)
Scientific Officer 'SB'
Posted at :
ETDC, Mohali, B-108, Phase 8, Industrial Area
Mohali, Punjab - 160071
(In-Service)
17. Manoj Kumar s/o Sh. Gaya Prasad
R/o : H.No.577-C, Sector 46A, Chandigarh-160047
(Aged about 26 years)
TM "C" Posted at :
ETDC, Mohali, B-108, Phase 8, Industrial Area
Mohali, Punjab - 160071
(In-Service)
5
18. T. Shobha Naidu d/o Sh. T. Shivam Naidu
R/o : Plot No. 22, Ushodaya Colony,
Behind Havisa Restaurant, Nagaram, Keesara,
Medchal-Malkajgiri Dist., Hyderabad 500083
(Aged about 55 years)
Scientist "E"
Posted at: ETDC, Hyderabad
North Kamala Nagar, ECIL PO, Hyderabad- 500062
(In-Service)
19. Santosh Kumar s/o Sh. Harinarayan Sah
R/o : Flat No. 2F-2, Amani Residency, Mahesh
Nagar, Hyderabad 500062
(Aged about 33 years)
Scientific Officer "SB"
Posted at: ETDC, Hyderabad
North Kamala Nagar, ECIL PO, Hyderabad- 500062
(In-Service)
20. G. Venkata Lakshmi w/o Sh. B. Karunakar
R/o : Plot No. 102, Old Vasavi Nagar, Karkhana,
Secunderabad-500015
(Aged about 55 years)
Scientist "D"
Posted at: ETDC, Hyderabad
North Kamala Nagar, ECIL PO, Hyderabad- 500062
(In-Service)
21. K. Mallesham s/o Sh. Aga Mallaiah
R/o : H. No. 7-159, Simhapuri Colony, Nagaram,
Hyderabad-500083
(Aged about 50 years)
Scientist :'D'
Posted at : ETDC, Hyderabad
North Kamala Nagar, ECIL PO, Hyderabad- 500062
(In-Service)
22. K.V.L. Uma Mahesh s/o Late Sh. K. Ayyapa Raju
R/o : Flat no. 404, Sneha Residency, Karthikeya
Nagar, Nacharam,
Hyderabad-500076
(Aged about 61 years)
Scientist 'D'
Posted at : ETDC, Hyderabad
North Kamala Nagar, ECIL PO, Hyderabad- 500062
(Retired)
6
23. Radha Mohan Amarya s/o Late Sh.P.N.Amarya
R/o : H No. 823 Sector- 46 Faridabad
Haryana-121010
(Aged about 63 years)
Scientist "E"
Posted at :
ERTL (North) S-Block ,Okhla Industrial Area
Phase-II New Delhi-110020.
(Retired)
24. Baldev Dutt s/o Sh. Sant Ram
R/o : Village- MehrinKathla (Khasri)
P.O - Nalti, District- Bilaspur (H.P)-174026
(Aged about 58 years)
Scientist "C
Posted at :
ERTL(North) S-Block ,Okhla Industrial Area
Phase-II New Delhi-110020
(In-Service)
25. Ravinder Kumar s/o Sh. Hukum Chand
R/o : H No. 04,Block-16 ,Sector-1,Pushp Vihar
Saket, New Delhi -110017
(Aged about 53 years)
Scientist "D"
Posted at :
ERTL(North) S-Block ,Okhla Industrial Area
Phase-II New Delhi-110020
(In-Service)
26. Ashok Kumar s/o Sh. Murari Lal
R/o H .No. 16, Street No. A-6,
Ashok Vihar Ph-III Extn., Gurugram (Haryana)
(Aged about 54 years)
Tradesman "G"
Posted at :
ERTL(North) S-Block ,Okhla Industrial Area
Phase-II New Delhi-110020
(In-Service)
27. Arvind Kumar Verma s/o Sh. Aniruddh Verma
R/o : 24 N Type-3 Pushp Vihar
Sector-4 New Delhi 110017
(Aged about 33 years)
Scientific Officer "SB"
Posted at :
ERTL(North) S-Block ,Okhla Industrial Area
Phase-II New Delhi-110020
(In-Service)
7
28. Deepak Kumar s/o Sh. Prabhu Nath
R/o : A-59, Raju Extension, Old Palam Road
Kakrola, New Delhi-110078
(Aged about 29 years)
Scientific Officer "SB"
Posted at :
ERTL(North) S-Block ,Okhla Industrial Area
Phase-II, New Delhi-110020
(In-Service)
29. S.S Dhiman s/o Late Sh. Devi Singh
R/o: A-170 , Sangam Vihar New Delhi-110080
(Aged about 63 years)
Scientist "C"
Posted at :
ERTL(North) S-Block ,Okhla Industrial Area
Phase-II, New Delhi-110020
(Retired)
30. Prem Chand s/o Sh. Hari Kishan
R/o :H No. 4 LIG DDA Flat Pul-Prahladpur
New Delhi-110044
(Aged about 55 years)
Scientist "E"
Posted at :
ERTL(North) S-Block ,Okhla Industrial Area
Phase-II New Delhi-110020
(In-Service)
31. Nayantara Shrivastava w/o Dr. Jainendra Kumar
R/o : H No. 3B, Himgiri Apartments, pkt A14
Kalkaji Extension, New Delhi-110019
(Aged about 51 years)
Scientist "E", Posted at :
ERTL(North) S-Block ,Okhla Industrial Area
Phase-II New Delhi-110020
(In-Service)
32. Banani Das w/o Mr.Prithwis das
R/o : C-143 , Pocket-7 Kendriya Vihar-2
Sector-82 Noida
(Aged about 59 years)
Scientist "D"
Posted at :
ERTL(North) S-Block ,Okhla Industrial Area
Phase-II New Delhi-110020
(In-Service)
8
33. Jeet Mal Balai s/o Late Sh. Chauth Mal
R/o CL-4C, Budh Vihar Phase-II
New Delhi-110086
(Aged about 33 years)
Tradesman "C"
Posted at :
ERTL(North) S-Block ,Okhla Industrial Area
Phase-II New Delhi-110020
(In-Service)
34. Rajinder Kumar Saini s/o Late Sh. Ramji Lal Saini
R/o :Ho No. 478/1 Hardev Puri NearGautam Nagar
New Delhi-110049
(Aged about 63 years)
Tradesman "I"
Posted at :
ERTL(North) S-Block ,Okhla Industrial Area
Phase-II New Delhi-110020
(Retired)
35. Gyan Chand s/o Sh. Roop Chand
R/o : B-46 Pocket-5 ,Kendriya Vihar -II
Sector-82 Noida
(Aged about 61 years)
Scientist "E"
Posted at :
ERTL(North) S-Block ,Okhla Industrial Area
Phase-II New Delhi-110020
(Retired)
36. Satya Kumar Anand s/o Late Sh. Ram Sahai
R/o B-125 Pandav Nagar
Patparganj Road, Opp. Mother Dairy
Delhi-110092
(Aged about 64 years)
Tradesman "H", Posted at :
ERTL(North) S-Block ,Okhla Industrial Area
Phase-II New Delhi-110020
(Retired)
37. Ashok Kumar s/o Late Sh. Lalmani
R/o :H.No. 3021, Sector 4A ,Vasundhara,
Ghaziabad (U.P)
(Aged about 59 years)
Scientist "E" Posted at :
ERTL(North) S-Block ,Okhla Industrial Area
Phase-II New Delhi-110020
(In-Service)
9
38. Ahmad Ullah Khan s/o Late Sh. S.U Khan
R/o : K-59-A ,2nd floor Batla house
Jamia Nagar okhla New Delhi-25
(Aged about 60 years)
Scientist "F", Posted at :
ERTL(North) S-Block ,Okhla Industrial Area
Phase-II New Delhi-110020
(Retired)
39. Sanjay Kumar Prusty
S/o Sh. Rama Chandra Prusty
R/o : Flat No. 3B, Block-5, Dream Excellency,
Kalipark, Rajarhat, Kolkata-700136
(Aged about 51 years)
Scientist "C", Posted at :
ERTL(East) Block-DN63, Sector-V
Salt Lake, Kolkata-700091
(In-Service)
40. Sampa Bag w/o Late Asoke Kumar Bag
R/o : B-4 Garden Apartmrent
25, Gariahat Road ( South)
Kolkata - 700031
(Aged about 57 years)
Scientist-'C', Posted at :
ERTL(East) Block-DN63, Sector-V
Salt Lake, Kolkata-700091
(In-Service)
41. Kanchan Mitra s/o Late Sarojnath Mitra.
11, Hazra Para Lane,
Bally , Howrah- 711 201 (West Bengal).
(Aged about 57 years)
Tradesman-'E', Posted at :
ERTL(East) Block-DN63, Sector-V
Salt Lake, Kolkata-700091
(In-Service)
42. Durgesh Kumar Pathak
S/o Late Sh. Shiv Shankar Pathak
R/o : 90 Shivram Colony, Jagatpura,
Jaipur, Rajasthan- 302017
(Aged about 55 years)
Scientist-'E', Posted at:
ETDC Jaipur, Malviya Industrial Area,
Jaipur, Rajasthan-302017
(In-Service)
10
43. Jagdish Prasad Meena s/o Lat Sh. Onkar Lal Meena
R/o : A-145, Mahal Yojana,
Jagatpura, Jaipur, Rajasthan-302017
(Aged about 55 years)
Scientist-'D', Posted at:
ETDC Jaipur, Malviya Industrial Area,
Jaipur, Rajasthan-302017
(In-Service)
44. Ajay Sharma s/o Ram Sahay Chindola
R/o: Plot No. 1, Kalyan Nagar D,
Jaganaathpura, Sanganer
Jaipur, Rajasthan
(Aged about 34 years)
SO 'SB', Posted at:
ETDC Jaipur, Malviya Industrial Area,
Jaipur, Rajasthan-302017
(In-Service)
45. Kanhaiya Lal s/o Late Shri Prem Chand
R/o: Plot no. 35, Ganesh Vihar,
Model Town, Malviya Nagar,
Jaipur-302017
(Aged about 57 years)
Tradesman-'I', Posted at:
ETDC Jaipur, Malviya Industrial Area,
Jaipur, Rajasthan-302017
(In-Service)
46. Bhim Sen s/o Late Shri Kana Ram
R/o: Village Madrampura,
Post Muhana, Tehsil Sanganer
Near Devraj Nagar 2nd, Rajasthan-302029.
(Aged about 59 years)
Tradesman-'G', Posted at:
ETDC Jaipur, Malviya Industrial Area,
Jaipur, Rajasthan-302017
(In-Service)
47. Shyam Sunder Khichi s/o Late Shivnath Khichi
R/o : Sector 4H/499, Near Son Marg,
Indira Gandhi Nagar, Jagatpura Area, Jaipur
Rajasthan-302017
(Aged about 58 years)
Scientist-'C', Posted at:
ETDC Jaipur, Malviya Industrial Area,
Jaipur, Rajasthan-302017
(In-Service)
11
48. Raj Kishore Aeron
S/o Late Shri Jitendra Kumar Aeron
R/o: B-105, Mahal Yojna,
Behind Akshay Patra Goner Road,
Jagatpura, Jaipur, Rajasthan-302017
(Aged about 56 years)
Tradesman-'H', Posted at:
ETDC Jaipur, Malviya Industrial Area,
Jaipur, Rajasthan-302017
(In-Service)
49. Tulshi Patar s/o Late Layan Chandra Patar
R/o : H. No.-06, Trinayan Path,
P.O.- Sawkuchi, Guwahati, Assam-781040.
(Aged about 53 years)
Scientist-'C', ETDC Guwahati
Housefed Complex, Central Block,
1st and 2nd Floor, Dispur, Guwahati-781006
(In-Service)
50. Bhawani Parshad s/o Late Sh. Bharat Singh
R/o : RZF 26P/71-A, Gali No. 9B, Indra Park,
Palam Colony, New Delhi-110045
(Aged about 64 years)
Tradesman-'H', Posted at :
ERTL(North) S-Block ,Okhla Industrial Area
Phase-II New Delhi-110020
(Retired)
51. Vasant Ramchandra Harale
S/o Late Ramchandra Bhimrao Harale,
R/o : No. 1658/1, UG-B, VinethEngrove Coop. Hsg.
Sty., Gopalnagar, Penha-de-France,
Bardez, Goa-403521.
(Aged about 59 years)
Scientist-'C', Posted at:
ETDC Goa, P.O. Goa University,
Bambolim, Goa - 403206
(Retired)
52. Somashekar D.K s/o Sh. Kempegowda,
R/o :No.06, 9th Cross, Gajanana Nagar,
Hegganahalli Cross, Bangalore -560091
(Aged about 28 years)
Tradesman "C", Posted at :
ETDC, Bangalore, PeenyaIndustrial Estate,
Bangalore-560058
(In-Service)
12
53. Amit Kumar Kabra s/o Sh. Pushp Kumar Kabra
R/o :#42, 2nd floor, 2nd Cross Road,
Ananthashayana Nagara, Laggere,
Bangalore 560058
(Aged about 35 years)
Scientific Officer 'SB'
Posted at : ETDC, Bangalore
Peenya Industrial Estate, Bangalore-560058
(In-Service)
54. Pade Sreenivas s/o Sh. P.V.Subbaiah,
R/o :No.20, Shri Venkata Sai Nilayam,
1st Cross, Near High Tension Line,
Nelagadaranahalli, Bangalore -560073
(Aged about 59 years)
Scientist :'C', Posted at :
ETDC, Bangalore, Peenya industrial Estate,
Bangalore-560058
(In-Service)
55. D. Bhathyappa s/o Late. Sh. Doddabhathyappa.
R/o :No.22, 2nd Main, Marenahalli,
Vijayanagar post, Bangalore-560040.
(Aged about 59 years)
Scientist :'C', Posted at :
ETDC, Bangalore, Peenya industrial Estate,
Bangalore-560058
(In-Service)
56. A.N. Hanumaiah s/o Late Sh. Narasappa,
R/o :Shree Lakshmi Narasimha Nilaya,
No. 05, 12th Cross, Behind Kuvempu School,
Bagalagunte, Nagasandra Post,
Bangalore -560073
(Aged about 56 years)
Scientist :'C', Posted at :
ETDC, Bangalore, Peenya industrial Estate,
Bangalore-560058
(In-Service)
57. Dhamayanthi. V d/o Late Velusamy.G,
R/o :Q 406 Vaishnavi Rathnam Apartment,
S. M. Road, T. Dasarahalli, Bangalore -560057
(Aged about 55 years)
Scientist : 'C', Posted at :
ETDC, Bangalore, Peenya industrial Estate,
Bangalore-560058
(In-Service)
13
58. B. Jobin s/o Late Sh. A. Bernard,
R/o No.29, 5th Cross, Xavier Lay out,
Viveknagar, Bangalore -560047
(Aged about 56 years)
Scientist :'E', Posted at :
ETDC, Bangalore, Peenya industrial Estate,
Bangalore-560058
(In-Service)
59. Mayanna Gowda s/o Sh. Lakkaiah,
R/o : No.182, 16th Cross, 6th "B" Main,
JP Nagar, 4th phase, Bangalore 560078.
(Aged about 64 years)
Scientist :'C', Posted at :
ETDC, Bangalore, Peenya industrial Estate,
Bangalore-560058
(Retired)
60. R. Sathya Mohan Raj s/o Late. Sh. A. Raju.
R/o : No.312, 3rd "E" Main Road, OMBR Layout,
Bhuvanagiri, Banasawadi, Bangalore 560043.
(Aged about 61 years)
Scientist : 'C', Posted at :
ETDC, Bangalore, Peenya industrial Estate,
Bangalore-560058
(Retired)
61. Manuel Arunaya Kumar
s/o. Late Sh. Gerard Mogan,
R/o : No.352, 3rd "D" Main, OMBR Layout,,
Banasawadi, Bangalore 560043.
(Aged about 58 years)
Scientist :'B', Posted at :
ETDC, Bangalore, Peenya industrial Estate,
Bangalore-560058
(Voluntary Retirement-VRS)
62. S. Vadivelu s/o. Late Sh. Subramaniam,
R/o : No.101, Logos Church Road, Mallappa Layout,
Babusapalya, Bangalore 560043.
(Aged about 54 years)
Scientist : 'B',
Posted at :
ETDC, Bangalore,
Peenya industrial Estate,
Bangalore-560058
(Resigned)
14
63. Vimal Kumar Arora s/o Late Sh. Amarnath Arora
R/o: H. NO. 1821, Sector 8, Faridabad,
Haryana.
(Aged about 64 years)
Tradesman-'I', Posted at:
ERTL(North) S-Block, Okhla Industrial Area
Phase-II, New Delhi-110020
(Retired)
64. Mangilal Meena s/o Sh. Dev Kishan Meena
R/o: Plot No. 9, Kusum Vihar Extension,
Ramnagariya Road, Jagatpura, Jaipur
Rajasthan-302017
(Aged about 57 years)
Scientist "C", Posted at:
ETDC Jaipur, Malviya Industrial Area,
Jaipur, Rajasthan-302017
(In-Service)
65. Anil Kumar Lakra s/o Sh. Late Sh. Parna Lakra
R/o: Block- RZA/28D, Street No. 7,
Behind Hamdard Godown, Pul-Prahladpur,
New Delhi-110044
(Aged about 61 years)
Tradesman-'G', Posted at:
ERTL (North) S-Block ,Okhla Industrial Area
Phase-II New Delhi-110020
(Retired)
66. A. Immanvel Devadoss s/o B. Arokiasamy,
R/o : E.17/40, 4th cross street, Thiruvalluvarnagar ,
Thiruvanmiyur, Chennai, Pin-600041.
(Aged about 64 years)
Tradesman-'E', Posted at;
ETDC Chennai,
STQC Directorate, Govt. of India,
Dr. VSI Estate Phase 2, Thiruvanhmiyur,
Chennai, Pin-600041
(Retired)
67. Chetram Meena s/o Shri Ram Dayal Meena
R/o : 6/MB/44 I.G. Nagar
Jagatpura, Jaipur-302017
(Aged about 55 years)
Scientist-'E', Posted at:
ETDC Jaipur, Malviya Industrial Area,
Jaipur, Rajasthan-302017
(In-Service)
15
68. Mahesh Kumar s/o Sh. Sugnomal
R/o : B3A/300, LIG Flats, Janakpuri,
New Delhi-110058
(Aged about 62 years)
Tradesman-'H', Posted at:
ERTL(North) S-Block ,
Okhla Industrial Area
Phase-II New Delhi-110020
(Retired)
....Applicants
(By Advocate: Sh. Ajesh Luthra)
VERSUS
1. Union of India through its Secretary,
Ministry of Electronics and Information &
Technology,
Standardization testing & Quality Certification
Directorate Electronics Niketan,
6, CGO Complex, Lodhi Road,
New Delhi- 110 003.
2. Director General,
Standardization testing & Quality Certification
Directorate Electronics Niketan,
6, CGO Complex, Lodhi Road,
New Delhi- 110 003.
...Respondents
(By Advocate: Mr. Ram Kanwar Dhillon)
ORDER
By Hon'ble Mr. Anand Mathur, Member (A):
Learned counsel for the applicants stated as under:-
1.1 The applicants were initially appointed as Below Group-A Scientific & Technical Personnel (hereinafter referred to as BGA S&T) on a regular basis. Some of them have since retired after attaining the age of 16 superannuation and some are still working with the respondents on various posts.
1.2 Career advancement of not only Group-A S&T personnel but also of Below Group 'A" S&T personnel is by way of in situ promotion, which is admissible on completion of the prescribed residency period towards respective grades/posts under usual and normal situations. Promotion of BGA S&T personnel is not linked to availability of vacancy in the higher grade and thus, a BGA S&T officer is entitled to the next grade upon completion of the prescribed residency period.
However, due to administrative delay on part of the respondents in conducting and completing the requisite exercise, the applicants have been denied career advancement by way of promotion to the next higher level from the dates of their eligibility. Rather, they have been granted the benefit from a date later than the due date, which act on the part of the respondents is illegal and violative of their own policy. 2.3 In the past, the respondents used to accord benefit of ante-dating promotions to those BGA S&T employees whose promotions got delayed due to administrative reasons. To mention a few, such promotions were ante- dated by the respondents vide orders dated 17 22.06.1988, 03.03.1993, 07.04.1998, 20.02.1990, 24.06.2002, 27.06.2002 and 01.07.2002 respectively [Annexure A/5 (Colly) of the OA].
2.4 For the purpose of considering in situ promotion from BGA S&T to higher level, an Assessment Board is required to be constituted twice a year, i.e., on 1st April and 1st October, being the crucial dates to effect promotions. However, due to delay in holding the Assessment Board, BGA S&T employees including the applicants have been extended the benefit of promotions/upgradations from the dates later than the dates of their eligibility. This has not only caused undue financial loss to the applicants but also delay in grant of promotion/benefit to next higher levels. The delay in holding Assessment Board by the respondents at each level cannot deprive the applicants to their legitimate claim. Hence, the delayed promotions given to the applicants need to be ante-dated as has been done in the past by virtue of several orders, referred to above.
2.5 The applicants, therefore, seek benefit of in situ promotions with effect from the dates of their eligibility in the grade and in subsequent grades as well, in terms of the recent decision of the Hon'ble Supreme Court 18 dated 25.08.2021 in Civil Appeal No.6359/2016 as also in terms of the respondents' own policy. Consequent upon the same, the applicants made a representation before the respondents, which was disposed of by them vide order dated 13.07.2022 simply stating that their case is under examination.
2.6 Being aggrieved, the applicants approached this Tribunal by way of the instant OA seeking the following relief:-
"(a). Set aside the order dated 13.07.2022 (Annexure A/1) being vague and indefinite and
(b). Direct the respondents to grant the benefit of promotion to the applicants with all consequential benefits w.e.f. the date of eligibility in the grade and in the subsequent grades as well and to suitably modify the dates of in-situ promotions by ante-
dating the same from the dates when the eligibility period was completed by the applicants in their respective grades, as mentioned in the chart annexed herewith in the OA in the light of various judgments of the Hon'ble Courts including Hon'ble Supreme Court judgment dated 25.08.2021 in Civil Appeal No. 6359/2016 (UoI vs. Vinay Kumar & Ors.) and in the light of own policy, in a time bound manner and
(c) . Accord all consequential benefits including timely in-situ promotion in the next grade from the date due and
(d). Pass any other order/direction which this Hon'ble Tribunal deems fit and proper in favour of the applicant and against the respondents in the facts and circumstances of the case."
2.7 In support of their claim, the applicants also relied upon the decision of a co-ordinate Bench of this Tribunal in Aditya Kumar Dewangan & Ors. vs. 19 Union of India & Ors. [OA No.2132/2022 decided on 11.04.2023] passed in a matter involving identical issue and relief. The impugned order is also of the same date.
3. Per contra, the respondents have filed a counter affidavit opposing the claim of the applicants stating that the instant OA is premature as the applicants have challenged order dated 13.07.2022, which is not a final order, as in the said order it has clearly been mentioned that "the other proposals/representations etc. received for antedating of promotion are being examined for which inter-ministerial consultations would be undertaken." They have not waited for the final outcome of their representation.
3.1 Insofar as implementation of the decision of this Tribunal in Aditya Kumar Dewangan (supra) is concerned, it has been stated that antedating promotion benefits are being extended to Group 'A' S&T officers under FCS/MFCS policy only whereas the applicants, being BGA S&T officers, are governed by a different policy notified vide OM dated 18.08.1993 and amended from time to time. Hence, they are not found similar to the respondents of Civil Appeal 20 No.6359/2016 (supra) and are not entitled for the said benefits.
4. Heard Mr. Ajesh Luthra, learned counsel for the applicants, Mr. Ram Kawar Dhillon, learned counsel for the respondents and perused the citations relied upon by the learned counsel for the applicants. 4.1 It is noticed that the respondents are blowing hot and cold in the same breath. On the one hand, they have taken the plea that order dated 13.07.2022 passed on the representation of the applicants is not final and on the other hand they have taken the stand that the benefit of the decision of a co-ordinate Bench of this Tribunal in Aditya Kumar Dewangan (supra) is not applicable to the applicants herein. The respondents' contradictory stands indicate their indecisiveness in the matter. During the course of arguments also, learned counsel for the respondents was confronted with the aforementioned contradiction but he was unable to give any satisfactory reply.
4.2 Having gone through the aforesaid decision of a co-
ordinate Bench, we find that the applicants therein were also BGA S&T and the relief claimed as well as issues involved therein are also identical. While deciding the said OA, the Tribunal had taken into 21 account the decisions relied upon by the applicants herein, and observed as under:-
"4. This case is no longer res integra as this Tribunal has already dealt with the issue involved in the present case, vide its order dated 21.02.2014 passed in OA No.1809/2013, the operative part of which reads as under:-
"6. We have heard the learned counsel for the parties. We agree with the learned counsel for the Applicants that this case is squarely covered by the judgment of the Apex Court in the case of S.K. Murti (supra) as followed by this Tribunal in OA No.1111/2012-Vinay Kumar (supra). We, therefore, allow this OA and direct the Respondents to consider granting benefit of promotion to the Applicants as prayed for by them as extracted earlier in para 2 of the order from the due date with all consequential benefits of pay fixation and payment of arrears as directed by Hon'ble Supreme Court in the case of S.K. Murti (supra). The aforesaid direction shall be implemented within a period of six weeks from the date of receipt of a certified copy of this order."
The aforesaid order of this Tribunal was challenged by the respondents before the Hon'ble High Court of Delhi vide WP(C) No.9049/2014, which was dismissed by the Hon'ble High Court vide order dated 19.12.2014. It is pertinent to mention that the aforesaid order of this Tribunal in OA No.1809/2003 was based on the basis of judgment of the Apex Court in Union of India vs. S. K. Murti in SLP (Civil) No.6864/2011 as also the order of this Tribunal dated 29.09.2013 in OA No.1111/2012 in the case of Vinay Kumar vs. Union of India. The order passed in Vinay Kumar case (supra) was challenged before the Hon'ble High Court vide WP(C) No.2357/2014 which was dismissed by the Hon'ble High Court vide order dated 30.07.2014. Thereafter, the aforesaid order of the Hon'ble High Court was challenged by the respondents before the Apex Court vide Civil Appeal No.6359/2016 which was dismissed by affirming the view taken by the Hon'ble High Court of Delhi vide judgment dated 25.08.2021, the relevant portion of the same reads as under:-
"17. The issue in civil Appeals was pertaining to the date of entitlement and not whether as a matter of fact, somebody was 22 entitled to be placed in the next grade. In case the applicant has any grievance against the promotion, he may exercise such options as are open to him in law.
18. The instant application has nothing to do with the controversy which has come up for consideration in the present Civil Appeal."
5. On the contrary, learned counsel for the respondents submits that the present OA is having no cause of action as the matter is still under consideration. The respondents have not taken any stand to deny the said benefits to the applicants."
4.3 After elaborate discussion, this Tribunal allowed the OA in the following terms:-
"7. In view of the facts and circumstances of the case, we are of the considered view that this issue is no longer res integra and the applicants are entitled for in-situ promotion from the date of eligibility, taking into account the chart produced herein above. Thus, the respondents are hereby directed to grant the benefit of promotion to the applicants with all consequential benefits w.e.f. the date of eligibility in the grade and in the subsequent grades, within a period of three months from the date of receipt of a certified copy of this Order."
5. In the entire conspectus of facts and circumstances of the case, we are of the considered opinion that the facts of the instant OA bear a striking resemblance to those of Aditya Kumar Dewangan (supra) and therefore, for parity of reasons we cannot take a different view than what has been taken by a coordinate Bench in the aforesaid OA.
6. For the foregoing reasons, the present OA is disposed of directing the respondents to grant the benefit of 23 promotion to the applicants with all consequential benefits w.e.f. the date of their eligibility in the grade and in the subsequent grades, within a period of three months from the date of receipt of a certified copy of this Order.
7. No order as to costs.
(Mr. Anand Mathur) (Justice Ranjit More) Member (A) Chairman /na/