Central Administrative Tribunal - Delhi
A.K. Singh vs Union Of India on 4 March, 2010
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH O.A. NO.428/2009 M.A.No.306/2009 M.A.No.540/2010 NEW DELHI, THIS THE 04th DAY OF MARCH, 2010 HONBLE DR. Ramesh Chandra Panda, MEMBER (A) HONBLE DR. DHARAM PAUL SHARMA, MEMBER (J) 1. A.K. Singh, S/o Shri R.K. Singh, R/o T-IV/2, Schedule B, President Estate, New Delhi-4. 2. D.P. Jindal S/o Shri R.K. Jindal, R/o Flat No.49, Plot No.59, Jai Lakshmi Society, I.P. Extension, Delhi-110092. 3. R.S. Mishra, s/o Shri Deva Shanker Mishra, R/o 180/32, Sector 16, Vasundhara, G.Z.B., (U.P.). 4. Muneshwar Tyagi, S/o Shri D.N. Tyagi, R/o T-IV/10, Schedule B, President Estate, New Delhi-4. 5. M.P. Kediyal, S/o Shri Shreeram Kediyal, R/o Flat No.201, Block C, Sector 18, Rohini, Delhi-110085. 6. A.K. Pandey, S/o Shri R.B. Pandey, R/o 110 B Pocket B, Dilshad Garden, Delhi-110095. 7. Vijay Raje, S/o Shri Kuber Nath Verma, R/o C-191 Block No.7, Sector 82, Noida 201304. (2) 8. Virendra Kumar S/o Sh. Harikesh Ram, R/o 75 D, Pocket B, Mayur Vihar, Phase-III, Delhi-110092. 9. N.R. Singhmar s/o Sh. D.R. Singhmar, R/o D-1/95, Lodhi Colony, New Delhi CD-XIV, CPWD, East Block-4, R.K. Puram, New Delhi. 10. Sanjay Madan, S/o Late Shri K.L. Madan, R/o 71/160, Prem Nagar, Post Office Janak Puri, New Delhi-110058. 11. B.K. Jain, s/o Shri R.M. Jain, r/o G-1, Plot No.255, Shalimar Garden Ext-I, Shahibabad, G.Z.B. (U.P.). 12. Anil Kumar Pandey, S/o Sh. C.B. Pandey, R/o 1 D Ayodhya Enclave Plot NO.30/2, Rohini Sector-13, Delhi-110085. 13. Rakesh Kumar, S/o Shri Ishwardass Mittal, R/o 123, Pocket H 33, Sector 3, Rohini, Delhi-110085. 14. Sukhmal Chand Jain, S/o Shri J.D. Jain, R/o A-267, Parshant Vihar, Delhi-110085. 15. Bikas Chandra, S/o Sh. Bishwanath Dass, R/o E-II/163, Astha Kunj, Sector-18, Rohini, Delhi-110089. 16. Manoj Kumar Jain, s/o Sh. P.S. Jain, R/o A-268, Shyam Vihar Phase I, Deenpur, Najafgarh, new Delhi-110043. (3) 17. Rajesh Taneja, s/o Shri K.L. Taneja, R/o H-3/108, Vikahspuri, New Delhi. 18. Kailash Chander Taneja, S/o Shri J.D. Taneja, R/o 24-A, Arjun Apartment, Vikahspuri, New Delhi-110018. 19. Hansa Dutt, S/o Shri Hira Ballabh, R/o F-2629, Netaji Nagar, New Delhi. 20. Amit Kumar Jain, s/o Shri S.P. Jain, R/o Qtr. No.18, Tyupe-IV, NSG, Garrision, Manesar (Haryana). 21. Mahendra Choudhary AE (C), S/o Late Shri Sudharak Choudhary, R/o Diwan Mohalla Hamam, Panderiwa Lane, Patna City, Patna Bihar. 22. Dhirendra Kumar Sinha AE (C) S/o Sh. Rameshwar Prasad Sinha, R/o Beur Prda Flat, Qtrs. NO.1, P.O. Anishabad, Patna 2, Bihar. 23. Sri Ram Sahu, s/o Shri P.C. Sahu, R/o L-401, Barmunda Housing, Board Colony Barmunda, Bhubneshwar 753003. 24. Rajesh Kumar, S/o Shri Housila Prasad Yadav, R/o 376, Asha Pushp Vihar, Koshambi G.Z.B. (U.P.). 25. Md. Shafi Ahmed AE (C) S/o Sh. Md. Zaki Siddique , R/o Flat No.203, Plot No.B-28/1, Thoker No.7, Shaheen Bagh, Abul Fazal Enclave-II, Jamia Nagar, New Delhi-110025. (4) 26. Mahesh Kumar, S/o Late Shri Hem Chand, H.No.930, Pocket-2, Pschimpuri, New Delhi-63. 27. Arvind Kumar Sharma, S/o Late Shri Radhey Shayam Sharma, 49/1, R.K. Puram, Taj Nagari, Phase-1, Agra (U.P.) ..APPLICANTS (BY ADVOCATE : SHRI ANIL SINGHAL) VERSUS 1. Union of India, Through its Director General (Works), CPWD, A Wing, Nirman Bhawan, New Delhi. 2. Additional Director General (Training) CPWD, E Wing, Nirman Bhawan, New Delhi. 3. DOPT, Through its Secretary, North Block, New Delhi. 4. Rajiv Kumar Manglik, Assistant Engineer in CPWD, Seniority NO.3452, R/o 26, Schedule B, President Estate, N.D.-4. .RESPONDENTS. (BY Advocates : Sh. Chaudhary Shamsuddin Khan for R-1 to R-3) Sh. Amit Anand for R-4) (5) ORDER (ORAL) DR. Ramesh Chandra Panda, MEMBER (A) :
MA 540/2010 The applicant in MA 540/2010 has moved this Misc. Application seeking a direction from the Tribunal to be impleaded as respondent no.4 as necessary party in the OA. There is no objection by learned counsel for the Applicants. Learned counsel for the official Respondents informs that he has no instructions in the matter. Having seen that the interest of the Applicant in MA 540/2010 is likely to be affected by the decision in the OA, the MA 540/2010 is allowed. The Applicant in MA 540/2010 is permitted to be impleated as respondent no.4 in the array of parties.
OA 428 of 2009 The present OA is to challenge the provisional seniority list issued by the official Respondents vide order dated 4.6.2002 for the posts of Assistant Engineer (Civil) in Central Public Works Department. The Recruitment Rules provides promotion to the post of Assistant Engineer (Civil) in the ratio of 50:50 in rotation basis between the promotees and those who are promoted under Limited Departmental Competitive Examination (LDCE).
2. Heard the learned counsel for the parties.
(6)3. Short question coming up in this case is whether final seniority list has been issued by the Respondents or not. In the counter affidavit submitted by the official Respondents, it clearly brings out that the seniority list presently assailed by the Applicants is only provisional in nature though issued by the Respondents in the year 2002. Confronted with the query from the Bench, counsel for the official Respondents confirmed that no final seniority list has been so far issued.
4. In view of the above facts that no final seniority list has been issued, it is in the interest of justice that official Respondents must be given an opportunity to finalise the seniority list after taking into account the grievances of the Applicants in the OA and other grievances which they might have been received by the official Respondents in the meantime and issue a final seniority list. Accordingly, we direct the official Respondents to consider all the grievances, including the grievances raised by the Applicants in this OA by treating it as a representation and pass a specific order by way of issuing the final seniority list of AE (Civil) within a period of three months from the date of receipt of a certified copy of this order. It goes without saying that the official Respondents would communicate the same to the Applicants. During this period of finalisation of seniority list of Assistant Engineer (Civil), the official respondents are directed not to operate the provisional seniority list.
5. The OA is disposed of in the above terms. No order as to costs.
(Dr. Dharam Paul Sharma) (Dr. Ramesh Chandra Panda)
Member (J) Member (A)
/ravi/