Central Administrative Tribunal - Mumbai
Pravin Dnyaneshwar Bhandakkar vs M/O Defence on 13 October, 2023
i . O4 No.67 3/2018 CENTRAL ADMINISTRATIVE TRIBUNAL, MUMBA! BENCH, MUMBAI ORIGINAL APPLICATION No.673/2618 Bate of Decision : 18 Getober, 2023 CORAM: MS. HARVINDER KAUR OBEROI, MEMBER G) MR. SHRI KRISHNA, ME "MBER (A) Pravin Doyaneshwar Bhandakkar Age: 42 years, Assistant Professor, National Defence Academy, (Dept. OF Physics), Shandakw asia, Pune -- 417 023. (Rat, Flat Noo, Pawan -°A" | DAS.R. Vishara, Dhayari, Pune- 411 O41. - Applicant (in person } Versus 1. The Union of India, through The Secretary, Ministry of Defence, South Block, New Delhi - 110011, 2. Director (Pers) HQ. Integrated Defence Stall, Ministry of Defence, Directorale of Personnel, Kashmur House, New Delhi- 110 011. 3, The Commandant National Defence Academy, Khadakwasla, Pune -- 411 023. - Respondents (By Advocate Shri N.K. Rajpurohit) 2 . OA No. 8673/2018 ORAL ORDER Per: Mr. Shri Krishna, Member (A)
The applicant, who is aggrieved by non grant of promotion From AGP Rs.8000/~ to Rs w.e.f OLS April, 2012, has prayed for the following relisfsi-
(a) The Application be allowed.
atl) That this Hon'ble Tribunal be pleased to quash and set aside the order dt 19/03/2018 passed by Res No. 2 and further allowed the Representation dt 19/12/2015.
(8) te direct all the respondents to cover the applicant wider DPC and convene DPC for his promotion from AGP Rs. 8,000/ to Rs. 9,000/- at the earliest wef 1° April 2012, (ce) Any other just and proper order may Kindly be passed in the interest af justice.
(@} To pass any other appropriate orders in the facts and circumstances of the case, fe} To award the cost of application. (Mes ',
2. This is a second round of litigation. The disposed of by this Tribunal vide order dated 315° January, 2019 with the following directions:-
"3. Considering the peculiar facts of the case, the respondent No.2 is hereby directed to consider and POSS a reasoned and speaking order on the pending representation dated 19.12.2015 {Annexure 4-7) of the applicant in accordance with law within a period of eight weeks jrom the LE Nod:
OA No.673/2018date of receipt of certified copy of this order The order so passed shall then be communicated to the applicant at the earliest, who will be af liberty to approach ihe appropriate forum, in case his grievances still persists. A the GA stands disposed of with aforesaid directions at the admission stage, without issuing notice to the respandenis and keeping the legal plea regarding limitation open. MA for + condonation of delay stands closed.
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3. Im pursuance of the above directions, the i at in wiew of so 4 : = ae --
ths facts, rules and circumstances yf the CaANot Oe acceded to in the absence of at least one Mandatory Research Publication and his representation dated Lgts December, SOL5 was Qisposed of.
4, Aggrieved by the ebove impugned order 3 ry a9) 6 it 3 Ct Oo ge ea BR se ai £43) CL pad ith:
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5. The applicant appeared in person and submitted that he has been denied the promotion from AGP Bs.8000 to Rs.g000 on the ground that se has not published any papers as prescribed by the uego norms. He further contends that the UGC norms at eameisy A ge AE ey st ps 2 . eo ae ee an a AP dated 28 December, 2016 which is obtained througa.
is not coversd under the purview of UGC Regulations aA oS Universities -and Colleges and Measures for the Maintenance of Standards in Higher Education) 2010, advised to strictiy comply with them. Any recruitment and promotions held after issuance of these Requilations must be in accordance with the new provision of these Regulations. The entire ay de . x * en a . a3 1 > -- and the conditions attached to it wonld be implemented tn, * ew) wg o 4 on mn & Rm 4 me rt 44 @ sf 3 2 & B86 wh « 6 2 8 3 Boa om OS 4 & @ ot "3 teed a "4 ed on 'oe i) ae mn i it ioe | "e nm ©) {) c ™~ & a ae a w
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6 OA No.6 73/2018a fede :s) tenable in law. Although exemption from Acader Performance Indicator (API} Score may be available to Civilian Academic Officer {(CAO's) of NDA up to a certain cut-off date, no order has been issued by Competent Authority regarding concurrent exempt Lor from the nutiber of publications, either by UGC or ance (MOD) /Head Quarters (HQ) Integrated Defence Staff fTDS!. Consequently, the se aa Petite . -
Presence OA LS BNP ruccuous.
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7. MearMea COUNSS. HQT CES FEeSPONGeENnts further submitted that since NDA is not controlled or financed by UGC and hence, the UGC Reguiation are not suo motu applicable to NDA. However, UGC consciously adopted by Presidential Order No PC FORO/MISC/GS/MT-7/838/0(Civ.1}) dated O02" April, 1993 with the stipulatian at Para 3 thereof that in future the same UGC Scheme for Career Progression applicable. Accordingly, during a will continue ¢t
a) or wb regulations were adopted by Mob. Hence cantention of the applicant is incerrect and irrelevant.
v 7 OA No.6 73/2018 eee a lode ds VAAN 3 a Rod Wo o TERK UGO Regulation; 2610 is not applicable tes NDA Sea ek [ ea te 3 4 " ' i { te | 7 reaching staff is seli-cantradictory in that af UGC x es aR Oo ~ yey tN . oo oy ys ey ey ~ coe wit: =~ % Regulation, 2010 is imapplicable to him, the very question of grant of AGP Bs. 8000 to him would not arise, since the same is also governed by UGC
8. yr was further submitted that as. per Sita 2g eae oe et a ahaa Re, Anan aet er yee fw Ministry of Defence Order No.Pec ATO2ZO/MISC/GS/MI~ mentioned in para 3 as uNnaerin "3 The same career progression in the case of Lecturers will be adopted in the nwo Institutians as approved by the UGC and subject to the same conditions as contained in the UGC Scheme. For this purpose, Ministry of Defence vill seeup Screening Committee, wherever Necessary ic consider the cases of Lecturers keeping in. view the | guidelines on the subject contained in the UGC package."
Therefore, it was submitted that the applicant Ls a sary ee et md Sane ~~ vp ieee 44 3 ae yy ES Aes not entitiead for promotion unless he fulfiils tne
93) 4 eed ys Oo ct pas ra) 4 learned counsel for the respondents. we find that the NDA is also covered by the UGC scheme te 8 . G4 No. 67 3/2018 s OA Sy sos "% _ =~, 2 - oe 2 ye at ¥ AES go oy ae sy [email protected] 28 mot entitled for prometion from the scale of Rs. 8000 to Rs. 9aca unless he meets the tO consider the case of the spp meets the prescribed criteria for the promotion and take the necessary action @s per rules of NDA, id. in the result, the Original Application is dismissed. Pending MAs, if any, stand closed. No costs We a (Mr. Shri Krishna) (Habinte¥ Kaur Oberoi) Member (A) . tember (J) Piet.