Central Administrative Tribunal - Mumbai
Amit Kumar Singh vs M/O Defence on 1 August, 2025
1 OA No.1108 & 1110 of 2024
CENTRAL ADMINISTRATIVE TRIBUNAL
MUMBAI BENCH, MUMBAI.
ORIGINAL APPLICATION Nos.1108/2024 &
1110 of 2024.
Date of Decision: 01st August, 2025.
Coram: Hon'ble Shri Justice M.G. Sewlikar, Member (J)
Hon'ble Shri Sangam Narain Srivastava, Member (A)
OA No.1108/2024
Manish S. Sharnagat, Aged 30 years,
Shivshakti Apartment 93/6, 2nd Floor,
Near Shantashree Coaching Classes, Sector 10
Nerul, Navi Mumbai 400 706.
Email: [email protected].
Mobile: 7020822925. .... Applicant
(By Advocate Shri D.N. Tripathi)
Versus
Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone=
270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=
Deepti Ganesh Munarshi
Maharashtra, SERIALNUMBER=
60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi
Reason: I am the author of this document
Location:
Date: 2025.08.08 09:52:15+05'30'
1. The Secretary,
Foxit PDF Reader Version: 2024.3.0
Government of India, Ministry of Defence,
Room No 305 - 'B' Wing, Sena Bhawan,
New Delhi-110011.
E-mail: [email protected].
2. The DGM (PRP),
Through Admiral Superintendent,
Naval Dockyard, SBS ROAD, LION GATE, FORT,
MUMBAI -400023.
Email: [email protected]
... Respondents
(By Advocate Mrs. N.V. Masurkar )
2 OA No.1108 & 1110 of 2024
OA No.1110/2024
Amit Kumar Singh, Aged 29 years,
909/4B Mhada Apartment, Ghodepdev, Cottongreen,
Mumbai 400 033.
Email: [email protected]
Mobile: 7979-8505-32. .... Applicant
(By Advocate Shri D.N. Tripathi )
Versus
1. The Secretary,
Government of India Ministry of Defence,
Room No 305 - 'B' Wing, Sena Bhawan,
New Delhi-110011.
E-mail: [email protected].
2. The DGM (PRP),
Through Admiral Superintendent,
Naval Dockyard, SBS ROAD, LION GATE, FORT,
Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone=
MUMBAI -400023.
Email: [email protected]. ... Respondents
270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=
Deepti Ganesh Munarshi
Maharashtra, SERIALNUMBER=
60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi
Reason: I am the author of this document
Location:
Date: 2025.08.08 09:52:15+05'30'
Foxit PDF Reader Version: 2024.3.0
(By Advocate Mrs. N.V. Masurkar )
ORDER (Oral)
Per : Justice M.G. Sewlikar, Member (J)
Both these OAs are being disposed of by a common order, as they involve the same issue.
2. The applicants have filed these Original Applications under Section 19 of the Administrative Tribunals 3 OA No.1108 & 1110 of 2024 Act, 1985, seeking a direction to the respondents to permit them to join the post of Chargeman Level-6 in the same department, i.e, the Indian Navy.
3. An advertisement was published on 14th May, 2023 for the post of Chargeman Level-6 in Indian Navy. The last date for which was 29th May, 2023.
4. Applicant in OA No.1108/2024 made application on 29th May, 2023 and took approval from the Senior Centre Manager on the very day. Applicant in OA No.1110/2024 made application on 19th May, 2023. Both applicants appeared for the test and were declared successful for the said post Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi under the un-reserved category. However, after the Reason: I am the author of this document Location:
Date: 2025.08.08 09:52:15+05'30' Foxit PDF Reader Version: 2024.3.0 applicants were selected, they were not given the postings, as during the time of verification of documents, it was noticed that the NOC/intimation from the Centre Manager, Central Machine Department, had not been received.
5. Learned counsel for the respondents clarified that the Central Machine Department has to forward the 4 OA No.1108 & 1110 of 2024 application to the PRP Department (Planning, Recruitment and Promotion Department) and PRP Department will forward the NOC to the applicants and then the applicants will submit it at the time of verification to the concerned recruiting agency. These are undisputed facts.
6. It is also undisputed that both the applicants had tendered applications before the cut-off date and on the cut-off date. Applicant in OA No.1108/2024 made application on 29th May, 2023 and applicant in OA No.1110/2024 made application on 19th May, 2023.
7. The question that falls for our consideration is Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi whether it was the duty of the applicants to follow-up on their Reason: I am the author of this document Location:
Date: 2025.08.08 09:52:15+05'30' Foxit PDF Reader Version: 2024.3.0 applications and ensure that it would reach the PRP. The answer has to be in the negative because at Annexure A-2 - the Guidelines for Forwarding of Applications for Outside Employment and Procedure for Consideration of Technical Resignation are annexed in which at point 3, the following directions have been given:5 OA No.1108 & 1110 of 2024
"Human Resources Group GM(HR) Temporary Memorandum No.83/2023.
Processing of applications for employment in any Central Govt./State Govt./Public Sector Organisation.
3. The case file along with following requisite documents as per extant orders is to be prepared by the concerned Centre Manager and forward with recommendations of AGM/DGM to PRP Department for further processing."
8. It clearly mentions that it is the responsibility of the Centre Manager to forward the application with recommendations of AGM/DGM to PRP Department for further processing. It appears from the pleadings of the parties that the Centre Manager did not forward the Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.08.08 09:52:15+05'30' Foxit PDF Reader Version: 2024.3.0 application of the applicants to PRP Department with recommendations of AGM/DGM. Therefore, the applicants cannot be blamed for not delivering the NOC to the department to which they are seeking employment.
9. In this view of the matter, it is our considered opinion that the Centre Manager failed in his duty to forward the application of the applicants to the PRP Department for 6 OA No.1108 & 1110 of 2024 further processing. For the fault of the Centre Manager, applicants cannot be penalized.
10. In the light of the above, we allow the Original Applications and direct the respondents to forward the NOC to the department to which the applicants are seeking employment and if the applicants are otherwise entitled, they shall be given the appointment. Pending MAs, if any, stand closed. No order as to costs.
Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= (Sangam Narain Srivastava) (Justice M.G. Sewlikar) Member (A) Member (J) 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.08.08 09:52:15+05'30' Foxit PDF Reader Version: 2024.3.0 dm.