Central Administrative Tribunal - Delhi
Jawahar Singh vs Union Of India & Others on 28 August, 2014
Central Administrative Tribunal Principal Bench, New Delhi O.A. No.3064/2012 Reserved On:01.08.2014 Pronounced on:28:08.2014 Honble Shri G.George Paracken, Member (J) Honble Shri Shekhar Agarwal, Member (A) Jawahar Singh S/o Bal Veer Singh R/o Village Sadarpur, Post-Maur Khurd, Via Hastinapur, District-Meerut. Applicant By Advocate: Shri M.K. Bhardwaj. Versus Union of India & Others through 1. The Secretary, Ministry of Communication & Information Technology, Government of India, Dak Bhawan, Patel Chowk, New Delhi. 2. The Chief Post Master General, U.P. Circle Lucknow. 3. The Suptd. Of Post Offices, Bijnor Division, Bijnor. Respondents By Advocate: Shri Tanveer Ahmed. ORDER
G.George Paracken, Member(J) The grievance of the Applicant in this Original Application is that Respondents, in an arbitrary and discriminatory manner, are not implementing their own order dated 05.08.2011 in his case. By the said order, the Director General (Posts), on the basis of the results of the Departmental Competitive Examination for the vacancy of the year 2010 held on 29.05.2011, approved the appointment of the Applicant and many other officials to Postal Service Group B in the Pay Band Rs.9300-34800 on regular basis with effect from the date of assumption of charge until further orders. He has, therefore, sought the following reliefs in this OA:-
(i) To direct the Respondents to give posting to the Applicant against Group B grade as per his promotion order dated 23.06.2011 and order dated 5.8.2011.
(ii) To direct the Respondents to give effect to his promotion order from the date of effective date of promotion of similarly placed persons, namely, Shri Charu Mitra and Shri Ugrasen with all consequential benefits.
(iii) To pass such other and further orders which this Tribunal deem fit and proper in the existing facts and circumstances of the case.
2. We have heard the learned counsel for the Applicant Shri M.K. Bhardwaj and the learned counsel for the Respondents Shri Tanveer Ahmed. It is seen that the aforesaid reliefs sought by the Applicant are consequential to the reliefs sought by him in OA No.1799/2014 which are as under:-
(i) To issue a suitable order or direction to call for record and set aside the impugned order dated 20/23.07.2012 (Annexure No.1).
(ii) To issue a suitable order or direction to the Respondents to allow the Applicant to continue on the post of HSG-I (Post Master Dhampur) with all consequential benefits.
(iii) To pass such other and further order as this Tribunal may deem fit and proper in the facts and circumstances of the case.
3. Further it is seen that OA No. 1799/2014 (supra) was allowed by this Bench by a separate order today, i.e., 28.08.2014. The operative part of the said order reads as under:-
13. In view of the above position, we allow this OA and quash and set aside the impugned letter dated 20/23.07.2012 cancelling the promotions (i) granted to the Applicant in LSG (APM Account) Line w.e.f. 01.01.2002 vide SPOs Bijnore Memo No.B/Genl./LSG/Promotion dated 13.12.2004, (ii) granted to him in HSG-II cadre vide Circle Office Memo No.STA/181-XA/HSG-II(NB)/Promotion/07/6 dated 09.01.2007 and (iii) granted in HSG-I cadre on ad hoc basis vide Circle Office Memo No.STA/19-XA/HSG-I/2007/2 dated 11.01.2008. Consequently the Respondents shall permit the Applicant to continue on the post of HSG-I with all benefits which he was enjoying on that post. We also make the interim order passed in this case on 31.07.2012 staying the operation of the order absolute. The Respondents may fix his seniority in his entitled cadre on notional basis. His further promotions from the post of HSG-I shall be on the basis of said seniority position. The aforesaid directions shall be complied with by passing appropriate order, within a period of 2 months from the date of receipt of a copy of this order.
14. There shall be no order as to costs.
4. Accordingly, we allow this OA. Consequently, we direct the Respondents to give effect to the aforesaid promotion order dated 05.08.2011 from the same date itself with all consequential benefits. The aforesaid direction shall be complied with, within a period of one month from the date of receipt of a copy of this order.
5. There shall be no order as to costs.
(SHEKHAR AGARWAL) (G. GEROGE PARACKEN) MEMBER (A) MEMBER (J) Rakesh