Central Administrative Tribunal - Delhi
Sh. P.C. Meena vs Sh. P.K Gupta on 12 March, 2015
Central Administrative Tribunal
Principal Bench
CP 618/2014
OA No. 3551/2010
New Delhi, this the 12th March, 2015
Honble Mr. Sudhir Kumar, Member (A)
Honble Mr. Raj Vir Sharma, Member (J)
1. Sh. P.C. Meena, aged about 48 years
Executive Engineer (Civil)
Municipal Corporation of Delhi,
Office of Executive Engineer (M-III)
West Zone C-Block, Vishal Enclave,
New Delhi. ... Applicant
(By Advocate : Mr. M.K. Bhardwaj)
Versus
1. Sh. P.K Gupta,
Commissioner,
North DMC, SPM Civic Centre,
Minto Road, New Delhi.
2. Sh. Dharmendra Kumar,
Director Personnel,
North DMC, SPM Civic Centre
Minto Road, New Delhi. ... Respondents
(By Advocate : Mr. R.N. Singh)
ORDER (ORAL)
Honble Mr. Sudhir Kumar, Member (A) :
Heard the learned counsel for the petitioner and the learned counsel for the respondents.
2. There were three limbs of the order passed by the Tribunal on 01.07.2014 in OA No. 3551/2010. The first was a direction to convene a review DPC in respect of the applicant, and second direction was to consider his case for promoting him to the next higher grade w.e.f. the date his immediate junior was promoted to the post of Superintending Engineer, and the third was to further consider his case for promoting him to the post of Chief Engineer, keeping in view the pending criminal case against the applicant, in accordance with the rules and law applicable in such circumstances.
3. Learned counsel for the respondents has now submitted through para 4 of his reply filed on 11th Feb., 2015, enclosing a copy of the Office Order dated 19.12.2014, and has brought to our notice that the DPC had been held on 17.12.2014, and, consequent to that, the contempt petitioner Sh. P C Meena had been notionally promoted to the post of SE(C) w.e.f. 28.07.2000. Respondents counsel further submitted, on instructions, that the pay of the contempt petitioner will now be fixed notionally for the post of Superintendant Engineer from the date of 28.07.2000 in the present VIth CPC pay scale of Rs.15,600-39100 + 7600/- (Grade Pay).
4. Learned counsel for the contempt petitioner still maintained that even though the order passed on 19.12.2014 does mention that the petitioner has been promoted notionally to the post of S.E. from 28.07.2000, but that phrase has been immediately followed by the words that his promotion to the PB-III pay scale mentioned above was on ad hoc basis w.e.f. 01.01.2015. He submitted that the 2nd mentioned date ought not to affect the fixation of salary of the contempt petitioner w.e.f. 28.07.2000, as it would then amount to a violation of the second limb of the order of this Tribunal.
5. In so far as, the third direction of the Tribunal is concerned, it was submitted by the learned counsel for the respondents that, in the meanwhile, in its order in WPC 5356/2014 K C Meena V/s North DMC & Ors., the Honble Delhi High Court has been pleased to pass an order dated 19.12.2014, in which the directions were issued as follows:-
(3) After compliance with (1) and (2) above, the process shall be complied in respect of Chief Engineer (Civil) likewise in six months from today.
(4) The relevant dossiers containing the names of all the eligible Officers who fulfil the criteria in terms of the prevailing rules and Circulars, and are eligible to be considered, shall be forwarded to the UPSC with all particulars in the case of each cadre of Executive Engineer (Civil), Superintendant Engineer (Civil) and likewise Chief Engineer to facilitate the process.
(5) In case of any pending litigation, all litigations involving the process of selection, unless there are orders to the contrary, the concerned Corporation, as far as possible, proceed with the process of promotion and make it subject to the outcome of the said litigation.
It is clarified that this condition shall not be, in any manner, considered as a bar from proceeding in any matter on a Court from interpreting such direction as to mean that this has resulted in a stay or it prevents it from making an interim order.
6. The learned counsel of both the sides concede that when the DPC would now be held for the post of Chief Engineer, pursuant to the directions of Honble High Court of Delhi dated 19.12.2014 in the matter of K C Meena V/s UOI & Ors. in WP ( C ) No. 5356/2014, the case of the contempt petitioner before us, Sh. P C Meena, would also be under the zone of consideration. Learned counsel for the respondents undertakes that the respondents will convene a DPC soon, as per the Honble High Courts directions, and the third direction of this Tribunal, in a time bound manner, as per the time frame specified by the Honble High Court of Delhi.
7. In view of this, we feel that there has been no deliberate disobedience of the orders of this Tribunal, and the contempt petition is, therefore, dismissed.
( Raj Vir Sharma ) ( Sudhir Kumar)
Member (J) Member (A)
/sarita/