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Central Administrative Tribunal - Ernakulam

K S Sanjay Babu General Secretary All ... vs The Secretary Ministry Of Defence New ... on 6 April, 2018

                                       1                           OA 326/18

               CENTRAL ADMINISTRATIVE TRIBUNAL
                      ERNAKULAM BENCH

                  Original Application No.180/00326/2018

                     Friday, this the 6th day of April, 2018

CORAM:
Hon'ble Mr.U.Sarathchandran, Judicial Member
Hon'ble Mr.E.K.Bharat Bhushan, Administrative Member

1.   Al India Naval Clerks Association
     represented by the General Secretary
     K.S.Sanjay Babu
     All India Naval Clerks Association
     Door No.39/329C/2nd Floor
     KSN Menon Road, Kochi-682 016.

2.   C.H.Abdul Saleem, aged 42 years
     S/o Late C.H.Mouhammed
     LDC, Material Organization
     Kochi-682 004

3.   O.C.Subitha, aged 32 years
     W/o M.S.Binu
     LDC, Material Organization
     Kochi-682 004.

4.   O.G.Soumya, aged 33 years
     W/o M.V.Hemanathan
     LDC, NAY(K), Kochi-682 004.

5.   Deepesh S.Kumar, aged 33 years
     S/o S.Kumaran
     LDC, NAY (K), Kochi-682 004.                              Applicants

(By Advocate: Mr.S.Radhakrishnan)

                                    Versus
1.   Union of India represented by
     the Secretary to the Govt of India
     Ministry of Defence, New Delhi-110 001.

2.   The Department of Personnel & Training
     represented by its Secretary
     North Block, New Delhi-110 001.

3.   Integrated Headquarters of Ministry of Defence (Navy)
     Directorate of Civilian Personnel
     D-II Wing, Sena Bhavan
     New Delhi-110 011.                                        Respondents
                                               2                                     OA 326/18


(By Advocate: Mr.T.C.Krishna, Sr.PCGC)

     This Original Application having been heard on 6 th April, 2018, the Tribunal
delivered the following order on the same day:

                                        ORDER

By E.K.Bharat Bhushan, Administrative Member MA/434/18 for joining together is allowed.

Applicants in this case are aggrieved by the proposed move on the part of the 3rd respondent for amending the qualifying service from 8 to 10 years for UDC to Assistant category. The counsel for the applicants points out that for the same categories in the Central Secretariat, the qualifying service insisted upon is only 5 years. This is also the case, according to the applicants, in the Armed Forces HQs.

2. At this point, we feel that interests of justice will be met if a direction is issued to respondent No.2 to consider the representation stated to have been filed and available at Annexure A9, and to dispose of the same. This shall be done as expeditiously as possible and in any case within two months from the date of receipt of a copy of this order.

3. The OA is disposed of with the above observation. No order as to costs.

(E.K.Bharat Bhushan)                                                    (U.Sarathchandran)
Administrative Member                                                      Judicial Member

aa.

Annexures filed by the applicants:

Annexure A1: Copy of the draft Recruitment Rules for the post of Office Superintendent notified by the IHQ dated 13.8.2010.

Annexure A2: Copy of the representation dated 15.9.2010. Annexure A3: Copy of the relevant extract of the unamended Recruitment Rules dated 22.9.2000 for the post of Assistant (renamed as Office Superintendent). Annexure A4: Copy of the representation dated 16.5.2011. Annexure A5: Copy of the SRO Notification No.27 dated 15/23 April, 2011. Annexure A6: Copy of the representation dated 12.12.2013. Annexure A7: Copy of the letter submitted by the Flag Officer Commanding-in-Chief dated 6.2.2017.

Annexure A8: Copy of the relevant extract of the Minutes of the 20 th Main Meeting of NHQ Joint Consultative Meeting Council dated 9.5.2017.

Annexure A9: Copy of the representation dated 1.3.2018.