Central Administrative Tribunal - Delhi
Vijay Kumar Dua vs Textiles on 18 March, 2025
1
Item No. 50 (C-3)
O.A. No. 3726/2024
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 3726/2024
M.A. No. 3532/2024
This the 18th day of March, 2025
Hon'ble Mrs. Pratima K. Gupta, Member (J)
Hon'ble Dr. Chhabilendra Roul, Member (A)
1. Vijay Kumar Dua
Aged about 57 years,
Son of Lt. Shri Karam Chand Dua
Resident of 6058/6, Sector D-6, Vasant Kunj,
South-West Delhi-110070.
2. Usha Narasimhan
Through Legal Heir
Shri S.R. Narasimhan
S/o Lok Sh. P.S. Aiyer
Resident of C-898A, Third Floor, Sushant
Lok Phase - 1, Gurugram 122002.
3. Shinju Mahajan
Aged about 51 years,
Wife of Shri Rajesh Mahajan
Resident of M-12, Site-1,
New Rajender Nagar,
Central Delhi-110060.
4. Sanjeev Kumar Jharkhede
Aged about 54 years,
Son of Shri Kunj Bihari Jharkhede
Resident of c/o 195, DDA, SFS Apartments,
Hauz Khas, South Delhi -110016.
... Applicants
(By Advocate: Mr. Sudharshan Rajan and Mr. Ramesh
Rawat)
2
Item No. 50 (C-3)
O.A. No. 3726/2024
Versus
1. Union of India through
The Secretary, Ministry of Textiles
Udyog Bhawan,
New Delhi 110011
2. The Director General
National Institute of Fashion Technology
NIFT Campus, Hauz Khas, New Delhi - 16
3. Registrar,
National Institute of Fashion Technology
NIFT Campus, Hauz Khas,
New Delhi - 16
... Respondents
(By Advocate: Piyush Gaur)
3
Item No. 50 (C-3)
O.A. No. 3726/2024
O R D E R (ORAL)
Hon'ble Mrs. Pratima K. Gupta, Member (J) M.A. No. 3532/2024
1. The present M.A. has been filed seeking permission of the Tribunal to file the accompanying O.A. jointly.
2. For the reasons explained therein, the M.A. is allowed. O.A. No. 3726/2024
1. Brief facts that arise for consideration in the present O.A. as explained by learned counsel for the applicants are:- the applicants 4 in number were initially appointed as Assistant Professor with the National Institute of Fashion Technology (NIFT) in June 1996/March 1997/November 1998/July 1999 respectively. Thereafter, the applicants were promoted as Associate Professor with effect from 01.09.2005, the promotion to the post of Associate Professor was ante-dated by the respondents themselves with effect from 01.07.2004 by way of orders dated 14.09.2016 and 06.09.2013 (page 80-83).
2. Learned counsel for the applicants explains that during the interregnum, that is, in the year 2008 a DPC was held for consideration of promotion to the post of Professor from 4 Item No. 50 (C-3) O.A. No. 3726/2024 Associate Professor and the claim of the applicants was ignored by the respondents for the reason that they were promoted as Associate Professor with effect from 01.09.2005. He submits that since the promotions to the post of Associate Professor was ante dated by the respondents to 01.07.2004 the applicants were entitled to be considered for promotion as Professor in light of the fact that the juniors of the applicants were considered and promoted in the year 2008 itself. He draws attention to the seniority list placed at page 98 of the rejoinder wherein, besides others, one of the juniors of the applicants at serial number 6 who has been promoted as Associate Professor on 19.07.2004 has been promoted as Professor with effect from 18.06.2008. The applicants have preferred a representation on 06.05.2022. As the representation was pending consideration before the respondents, the applicants preferred O.A. No. 834/2023 which was disposed of by the Tribunal with a direction to the respondents to decide the pending representation of the applicants by way of a reasoned and speaking order. In compliance of the direction of the Tribunal in O.A. No. 834/2023, the respondents have considered the claim of the applicants and passed the order 5 Item No. 50 (C-3) O.A. No. 3726/2024 dated 07.05.2024. Aggrieved by the same, the applicants have preferred the present O.A seeking the following reliefs:-
"(a) Direct the Respondents to conduct a review DPC for promotion of the Applicants from the post of Associate Professors to the post of Professors w.e.f. 2008 and consequently grant them promotion to the post of Professors w.e.f. 2008 i.e., from the dates that their batchmates were granted such promotion.
(b) As a consequence of grant of prayer (a) above, direct respondents to accord all consequential benefits to the Applicants including arrears of pay and allowances, seniority etc.
(c) This Hon'ble Tribunal may be pleased to pass such other suitable order or orders it may deem fit to meet the ends of justice.
3. Learned counsel for the applicants submits that the order dated 07.05.2024 itself confirms that the respondents would constitute a review DPC to consider the eligibility of the applicants. However the same has not been done so far. He submits that pursuant to notice, the respondents have filed reply wherein they have departed from the contents of the order dated 07.05.2024, while in the in the counter reply the respondents have departed from the order dated 07.05.2024. It is stated that though applicant Nos. 1 and 2 were promoted but they chose not to join at the new place of posting. It is contended in the reply that since the applicants 6 Item No. 50 (C-3) O.A. No. 3726/2024 did not report to the respective campuses, after the stipulated date their promotions were cancelled. Further, with respect to applicant Nos. 3 and 4, the reply states that since the applicants did not have the desired length of regular service of five years in the year 2004 they couldn't be extended promotion as Associate Professor. The contents are contrary to the factual position, as the respondents have themselves promoted the applicants as Associate Professor with effect from 01.07.2004.
4. Mr. Piyush Gaur, learned counsel for the respondents vehemently opposes the O.A. While drawing attention to the counter reply, he submits that as applicant Nos. 1 and 2 did not join the new place of posting their promotions were cancelled on 27.07.2004 itself. With regards applicant Nos. 3 and 4, he submits that they did not have the desired length of service to be promoted as Associate Professors in the year 2004. He explains that the respondents are in the process of framing the Recruitment Rules (RRs). He submits that there are instructions from the nodal ministry, that is, the Ministry of Textiles to not proceed with any promotions until the RRs are framed.
7Item No. 50 (C-3) O.A. No. 3726/2024
5. Heard the learned counsel for the parties as also gone through the pleadings on record.
6. In order to decide this O.A. it would be relevant to reproduce one of the orders as an illustration, whereby promotion of one of the applicants namely Mr. Vijay Kumar Dua (Page 80) has been ante dated by the respondents vide order dated 14.09.2016:-
"On the recommendation of Review Departmental Promotion Committee held on 14th September 2016 and with approval of the DG-NIFT, Sh. Vijay Kumar Dua is promoted to the post of Associate Professor in PB-3 (15600- 39100) + Grade Pay Rs. 6600/-). The promotion is deemed to have been made effective from 01.07.2004 for the purpose of fixation of pay on notional basis by maintaining inter-se-seniority. The actual benefits, however, would be admissible from the date assumption of charge of the post i.e. 01.09.2005."
7. Evidently from the above, it is clear that the respondents have ante dated the promotion of the applicants to 01.07.2004 to the post of Associate Professor. The seniority list of professors dated 02.12.2022 annexed with the rejoinder confirms that the junior of the applicant, namely, Dr. AK Khare, was promoted as Associate Professor on 19.07.2004 and later as Professor on 18.06.2008, while the present applicants have been denied promotion as Professors. The names of the present applicants figure at 8 Item No. 50 (C-3) O.A. No. 3726/2024 serial numbers 22, 23, 24 and 26 of the said list. For the sake of better appreciation the relevant portion of the list reads as under:-
S. Name/DOB/ Date of Date of Date of Cam Qualificati No Category Appoint Appoint Appoint pus on . ment as ment as ment as (Verified Regular Profess Associat from Profess or on e Service or Long Profess Book) Term or Contrac (Regula t r and Contrac
t)
6. Dr. AK Khare 18.06.2 - 19.07.2 Bho PhD, M.
20.07.1967 008 004 pal Statistics, General Regular PG Diploma in Computer Science 22 Dr. Vijay 01.01.2 - 01.07.2 New PhD, Kumar Dua 019 004 Delh MCom 07.11.1965 Regular i (Business General Administr ation) Masters of Mass Communi cation, Certificate of Program on Developin g, Research, Excellence and Awarenes 9 Item No. 50 (C-3) O.A. No. 3726/2024 s in Managem ent, Computer Program me, Post Graduate Diploma in Journalis m and Mass Communi cation, Certificate of Proficienc y in Portugu, Foundatio n Course on Auto Cad from CADO Centre.
23 Dr. Usha PhD,
Narasimhan MFT,
25.05.1959 MBA,
General PGD,
GMT,
BSc.
24 Dr. Shinju 01.01.2 - 01.07.2 New PhD, PG
Mahajan 019 004 Delh Diploma
10.10.1972 Regular i in Lather
General Garment
design
and
technolog
y
26 Dr. Sanjeev 01.01.2 - 01.09.2 New PhD., MA
Kumar 019 005 Delh Sociology,
Jharkhede Regular i Computer
10
Item No. 50 (C-3)
O.A. No. 3726/2024
10.01.1969 Aided
Graphic
Design,
PG
Diploma
in System
and
Computer
Program
ming
B.Sc.
8. The order dated 07.05.2024 confirms that the respondents would constitute a selection committee to consider the claim of the applicants. The relevant portion of one of the orders dated 07.05.2024 reads as under:-
"AND WHEREAS, as a consequence of Review DPC of 2016 having notionally advanced the date of promotion Prof. (Dr.) Vijay Kumar Dua to the post of Professor from 01.09.2005 to 01.07.2004, his claim for the subsequent promotion to next higher post of Professor from a retrospective date would require to be considered by the Review DPC of 2008 (or DPCs of subsequent years) as per applicable rules and procedures. NOW, THEREFORE, Prof. (Dr.) Vijay Kumar Dua is hereby informed that the Review DPC of 2008 (or DPCs of subsequent years) by duly constituted Selection Committee to consider his eligibility for the post of Professor from retrospective date would be held at the earliest possible opportunity of its convening. This representation stands disposed of in the light of the above stated facts."
9. The contents of the counter reply as detailed in paras 4.5, 4.6 and 4.20 would confirm that the respondents have departed from the order dated 07.05.2024. For the sake of 11 Item No. 50 (C-3) O.A. No. 3726/2024 better appreciation the said paras are reproduced hereinbelow:-
"4.5 That the contents of para 4.5 of the OA are wrong and denied because below mentioned employees were promoted:-
S.No. Name of the Date of Place of Posting faculty Promotion members who were as Promoted 1 Mr. Suhail 29.06.2004 Delhi Anwar 2 Mr. MK Gandhi 29.06.2004 Bangalore 3 Mr. Sibichan 29.06.2004 Hyderabad Mathews 4 Mr. Anupam 30.06.2004 Delhi Jain 5 Mr. Sanjay 29.06.2004 Hyderabad Srivastava 6 Ms. Monika 30.06.2004 Delhi Gupta 7 Ms. Binwant 29.06.2004 Kolkata Kaur 8 Mr. R. Russel 29.06.2004 Chennai Timothy It is further relevant to submit that Applicant l and 2 were promoted but Applicant No. 1 and 2 chose not to join the promotional post at their new places of postings i.e. Chennai and Gandhi Nagar respectively. Thereafter were promoted in 2005.
4.6 That the contents of para 4:6 of the OA are wrong and denied because Applicant No. 3 &4 have notcompletedthe5 year ()f regular service therefore they were not promoted to the post of Associate Professor in the said DPC held in the year2004.12
Item No. 50 (C-3) O.A. No. 3726/2024 4.20 That the contents of para 4.20 of the OA are matter of record. It is further relevant to submit that Recruitment Rules of NIFT were never notified in Official Gazette and therefore a massive exercise of reviewing the existing document (called NIFT Recruitment Rules) and drafting the statutory Recruitment Rules is in progress. The sanctioning of total number of posts in various grades is also within the scope of the drafting exercise. Until completion of the said 'Statutory Recruitment Rules' drafting exercise, Ministry of Textiles has ordered NIFT to keep all recruitment and promotions on hold. The drafting of 'Statutory Recruitment Rules' is in final stage. Accordingly, Review DPC can only be convened after the drafting exercise is completed and Recruitment Rules are notified in the official gazette thereby giving statutory status to NIFT Recruitment Rules."
10. In light of the decision of the Hon'ble Apex Court in Mohinder Dutt Sharma the respondents cannot be permitted to improvise the contents of the impugned order passed in compliance of the order of the Tribunal and therefore, the contents of the counter reply cannot be accepted. It may be noted that the contents are in fact contrary to record and there are apparent contradictions in the reply, on one hand it is stated that the RRs are yet to be notified and on the other hand the applicants 3 and 4 have been rendered ineligible.
11. For the reasons explained hereinabove and in light of the fact that the respondents have themselves stated in the order dated 07.05.2024 that they would consider the cause 13 Item No. 50 (C-3) O.A. No. 3726/2024 of the applicants by constituting a review DPC, the respondents are directed to take the order dated 07.05.2024 to its logical conclusion within a period of eight weeks from the date of receipt of a certified copy of this order. In case the recommendations of the DPC find favour to the applicants, the applicants will be extended promotion to the post of Professor from the date their counterparts were extended promotion. The applicants will be entitled to all consequential benefits, albeit on notional basis.
12. It has been brought to our notice that applicant number two has passed away during the pendency of the O.A. and the O.A. is now being pursued by his legal heirs. Therefore, with respect to applicant number 2, the benefits so accrued in favour of the applicant number 2 would be extended to the legal heirs of the applicant on notional basis in terms of pension etc.
13. No order to costs.
(Dr. Chhabilendra Roul) (Pratima K. Gupta)
Member (A) Member (J)
/dd/