Central Administrative Tribunal - Delhi
Shri Rama Nand Son Of Shri Sukhi Singh vs The Chief Secretary on 11 August, 2010
Central Administrative Tribunal Principal Bench, New Delhi O.A.No.3397/2009 Wednesday, this the 11th day of August 2010 Honble Shri Shanker Raju, Member (J) Honble Dr. Veena Chhotray, Member (A) 1. Shri Rama Nand son of Shri Sukhi Singh 2. Shri Ashok Kumar son of Shri Ram Chander 3. Shri Shyam Lal son of Shri Deen Dayal All are working under Chief Fire Officer Delhi Fire Station Delhi Connaught Lane, New Delhi-1 ..Applicants (By Advocate: Shri P K Sharma) Versus 1. The Chief Secretary Govt. of NCT of India Delhi Secretariat, IP Estate New Delhi 2. The Principle Secretary (Home) Govt. of NCT of Delhi Delhi Secretariat, IP Estate New Delhi 3. The Director Delhi Fire Services Govt. of NCT of Delhi Connaught Lane, New Delhi ..Respondents (By Advocate: Shri H K Gangwani) O R D E R (ORAL)
Shri Shanker Raju:
Heard the learned counsel for the parties.
2. It is trite in law that promotion has a purpose to remove stagnation and avoid frustration among the employees. Right to be considered for promotion, which is a fundamental right, not only implies a consideration for promotion but also the promotional chances cannot be foreclosed forever, as ruled by the Apex Court in A. Satyanarayana & others v. S. Purushotham & others, (2008) 2 SCC (L&S) 279. Moreover, in the matter of promotion, despite avenue of Assured Career Progression Scheme, right to promotion to the higher post is mandatory, as ruled by the Apex Court in Food Corporation of India & others v. Parashotam Das Bansal & others, (2008) 5 SCC 100.
3. In the above view of the matter, the Resolution passed by the respondents has been partly acted upon in the Ministerial whereby the strength of Assistant Wireless Officer (Operational) of Communication Wing has not been increased despite a proposal sent to the Government in 2004.
4. Though after hearing the parties we are of the considered view that as a trite law for creation of posts being the prerogative of the Government no direction can be issued but once the fundamental right of a government servant is affected, we in judicial review can consider this aspect and direct the Government to redeem the situation by taking steps towards restoration of fundamental right, i.e., the promotional avenues of the applicants, which cannot be closed forever despite the fact that they have been granted benefits under Assured Career Progression Scheme.
5. In the result, this OA stands disposed of with a direction to the respondents to consider the claim of the applicants regarding their promotional avenues in the light of their own Resolution, which had been acted upon by them. This shall be done within a period of three months from the date of receipt of a copy of this order. No costs.
( Dr. Veena Chhotray ) ( Shanker Raju ) Member (A) Member (J) /sunil/