Central Administrative Tribunal - Jaipur
Mohan Singh vs M/O Defence on 25 August, 2025
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OA No. 351/2018
CENTRAL ADMINISTRATIVE TRIBUNAL
JAIPUR BENCH, JAIPUR
...
ORIGINAL APPLICATION No. 351/2018
with
Misc. Application No. 232/2020 &
Misc. Application No. 234/2025
Reserved on: 11.08.2025
Date of order: ..............
CORAM:
HON'BLE MS. RANJANA SHAHI, MEMBER (J)
HON'BLE MR. LOK RANJAN, MEMBER (A)
Mohan Singh S/o Shri Pratap Singh Age 40 years working as Fire
Engine Driver-A at filed Ammunition Depot, C/O 56 APO, Pin
900309 R/O Village and Post Jat Mohalla, Ksoda, Tehsil and
District-Bhartpur, Rajasthan (Group-C)
.......Applicant
(Shri Dharmendra Jain - Counsel for the applicant)
VERSUS
1. Union of India through Secretary, Ministry of Defiance, South
Block New Delhi-110011
2. The Director General, Ordinance Services (OS-S-C) MGo
Branch, Army Hqr. Ministry of Defense, New Delhi-110110
3. The Chief Record officer Army Ordinance Core Sikandrabad
(Andhra Pradesh) C/O 56 APO, Pin 900453
4. Personnel Officer, 39, Filed Ammunition Depot, C/O 56 APO,
Pin 900309
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OA No. 351/2018
.....Respondents
(Shri Manu Bhargava - Counsel for the respondents)
ORDER
Per: Ms. RANJANA SHAHI (MEMBER JUDICIAL) M.A NO. 232/2020 has been filed by applicant seeking condonation of delay in filing the Original Application. The prayer made in the Misc. Application is not opposed by learned counsel for the respondents. M.A No. 232/2020 is allowed for the reasons stated therein.
2. The present Original Application has been filed by the applicant for the following reliefs:
"In conspectus of above stated facts, it is prayed to Hon'ble Tribunal may very graciously be pleased to accept and allow this original application, call for and examine the entire record of the case and:-
A By an appropriate order or direction in nature thereof, thereby the respondents be directed to give promotion on the post of Fire Engine Driver-A to the applicant from the 1 April 2006 with all consequential benefits.
B Any other order, relief or direction, which this Hon'ble Tribunal deems fit and proper and just in the facts and circumstances in the case may also be passed."
3. The applicant was initially appointed on the post of Fireman on 23.11.2001 and FIR was registered against him on 10.03.2004 under section 147, 323, 119, 304/149 and the applicant was placed under suspension from 17.03.2004 to 05.04.2004. The applicant passed the trade test for promotion to the post of Fire 3 OA No. 351/2018 Engine Driver-A in June 2005 however his name for promotion was not forwarded on account of pendency of the above mentioned case against him. Subsequently, the applicant submitted the representation along with the copy of the order dated 31.03.2016 before the respondent for giving the promotion on the post of Fire Engine Driver-A from the next DPC of June 2005 but promotion was given to the applicant on the post of Fire Engine Driver-A from 01.04.2008. The applicant submitted the application for getting certified copy of the service book wherein no promotion order was issued to the applicant. In the present application, he is seeking that he be promoted to the post of Fire Engine Driver - A with effect from 01.04.2008.
4. The respondents filed MA No. 234/2025 in which they stated that in August 2005, 2 persons namely one Shri Ravindra Kumar and the applicant Mohan Singh passed trade test and their names were sent to AOC records in the month of November 2005. They further averred that Shri Ravindra Kumar was promoted vide order dated 10.01.2007 w.e.f. 01.01.2007 (Annexure A/1 with M.A No. 234/2025) but the applicant was not promoted at that point in time because of pendency of a criminal case however later on being acquitted, he was granted promotion w.e.f 01.04.2008
5. The learned counsel for the applicant states that he would restrict his prayer and would be satisfied in case his date of promotion is also made effective from the 01.01.2007 i.e. the date from which Shri Ravindra Kumar, who passed the trade test along with the applicant and whose name recommended along with the applicant, was granted promotion.
4 OA No. 351/20186. It is an admitted fact that both Shri Ravindra Kumar and the applicant passed the trade test together and both were recommended for promotion however, because of pendency of the criminal case against the applicant he was not granted promotion at that point in time. Later on when he was acquitted by the court of law, the respondents granted him promotion w.e.f. 01.04.2008 but the respondents have not been able to justify as to how they have assigned 01.04.2008, as effective date of his promotion whereas, they themselves admitted that they granted promotion to Shri Ravindra Kumar from 01.01.2007.
7. In the light of the above, we direct the respondents to grant promotion to the applicant with all consequential benefits on the post of Fire Engine Driver-A w.e.f. 01.01.2007 the date from which Shri Ravindra Kumar, who was similarly situated was granted promotion.
8. Accordingly, the present Original Applicant is allowed. Pending, M.A(s) are disposed off accordingly.
(Lok Ranjan) (Ranjana Shahi) Administrative Member Judicial Member /sg/