Central Administrative Tribunal - Allahabad
Amar Singh Jeena vs Union Of India Through Secretary on 4 October, 2013
(OPEN COURT) CENTRAL ADMINISTRATIVE TRIBUNAL, ALLAHABAD BENCH ALLAHABAD ALLAHABAD this the 04th day of October, 2013. Original Application Number. 1238 OF 2013. HONBLE MR. SHASHI PRAKASH, MEMBER (A) 1. Amar Singh Jeena, S/o Bacche Sigh, R/o Village Khatyari, Tehsil and District Almora. 2. Nandan Singh, S/o Jasot Singh, R/o Village- Padyula, Tehsil and District Almora. 3. Bachhi Singh, S/o Prem Singh, R/o Village Bimola, Tehsil and District Almora. 4. Mohan Singh, S/o Ganga Singh, R/o Village Padyula, Tehsil and District Almora. 5. Govind Ballabh, S/o Shiv Dutt, R/o Bimola, Tehsil and District Almora. 6. Radhila Devi, W/o Bhawani Dutt, R/o Bimola, Tehsil and District Almora. 7. Pratap Singh, S/o Sher Singh, R/o Village Matela, Tehsil and District Almora. 8. Rajendra Singh, S/o Kisan Singh, R/o Village Pahal, Tehsil and District Almora. 9. Jiduli Devi, D/o Sadanand, R/o Village Gwalne, Tehsil and District Almora. 10. Narayani Devi, D/o Hira Singh, R/o Village- Matela, Tehsil and District Almora. 11. Jagdish Ram, S/o Hira Ram, R/o Village- Hawalbag, Tehsil and District Almora. 12. Bhaguli Devi, S/o Khim Singh, R/o Village Latagaon, Tehsil and District Almora. 13. Narayan Singh, S/o Bacchii Singh, R/o Village Mahat Gaon, District Almora. 14. Bhupal Ram, S/o Lin Ran, R/o Village Udyari, Tehsil and District Almora. 15. Basanti Devi, W/o Madan Singh, R/o Village Hawalbagh, Tehsil and District Almora. 16. Madan Singh, S/o Jait Singh, R/o Village- Basoli, Tehsil and District Almora. 17. Dinesh Chandra, S/o Devi Dutt, R/o Village Chauna, Tehsil and District Almora. 18. Anand Singh, S/o Soban Singh, R/o Village Chauna, Tehsil and District Almora. 19. Puran Singh Kirola, S/o Ranjeet Singh, R/o Village Khatyari, Tehsil and District Almora. 20. Mohan Singh, S/o Bishan Singh, R/o Village Khirakot, Tehsil and District Almora. 21. Nari Ram, S/o Gulab Ram, R/o Village Kalnu, Tehsil and District Almora. 22. Ramesh Chandra, S/o Narottam Budlakoti, R/o Village Kalnu, Tehsil and District Almora. 23. Pratap Singh, S/o Mohan Singh, R/o Village Syalidhar, Tehsil and District Almora. 24. Ram Singh, S/o Bhim Singh, R/o Village Bawalbag, Tehsil and District Almora. Applicants. VE R S U S 1. Union of India through Secretary, Indian Council of Agricultural Research, New Delhi. 2. Vivekanand Parvatiya Krishi Anusandhan Sanstahn, Almora (Uttarakhand) through its Director. 3. Basant Lal, S/o Kunwar Ram, R/o Village Syalidhar, Tehsil and District Almora. 4. Diwan Lal, S/o Hira Lal, R/o Village Someshwar, District Almora. 5. Prakash Lal, S/o Jagat Arya, R/o Village Udyari, Tehsil and District Almora. 6. Shiv Kumar, S/o Astma Ram, present address working Vivekanand Parvatiya Krishi Anusandhan Sanstahn, Almora. 7. Dayal Chandra Joshi, S/o Bhawani Datt Joshi, R/o Village Bimola, Tehsil and District Almora. ..Respondents Advocate for the applicants: Shri Devendra Gupta Advocate for the Respondents : Shri N.P. Singh O R D E R
Heard counsel for the parties and perused the O.A.
2. Learned counsel for the applicants submitted that the impugned order dated 03.08.2011 issued by the Additional Secretary, Indian Council of Agricultural Research, New Delhi is contrary to the instructions of the DOPT Casual Labourers (Grant of Temporary Status and Regularization Scheme) 1993.
3. Shri N.P. Singh, who is having advance copy of O.A, appeared on behalf of I.C.A.R and raised preliminary objection to the effect that if the applicants have any grievance against the order dated 03.08.2011, at the first instance they have a remedy to raise their grievance before the departmental authority, which they have not resorted to and directly have approached this Tribunal. Learned counsel also raised an objection that the impugned order has been passed by the Additional Secretary, DARE & Secretary, ICAR to whom the applicants have not listed as respondent. He submitted that unless the Additional Secretary, DARE & Secretary, ICAR is impleaded the impugned order cannot be challenged.
4. Having regard to the above I find that there is considerable merit in the submissions made by the counsel for respondents. Therefore, the applicants are directed to prefer a representation to the appropriate authority expressing their grievance within two weeks from the date of receipt of certified copy of this order. If such a representation is filed within specified period, the concerned authority shall decide the same as expeditiously as possible within three months from the date of submission of representation. In the event the applicants are aggrieved by the order on their representation they are at liberty to approach the Tribunal.
5. For redressal of their grievance the applicants have filed representation dated 02.04.2013 to the Development Commissioner (Handicrafts) / Respondent No. 2 . Learned counsel for the applicants fairly submitted that the applicants would be satisfied if a direction is given to the Development Commissioner (Handicrafts) (Respondent No. 2) to decide his representation dated 02.04.2013 within a specified period.
3. In view of the above the order, which I propose to pass, there is no need to call reply from the respondents.
4. In view of the submissions made by the counsel for the applicant the Development Commissioner (Handicrafts) (Respondent No. 2) is directed to consider and decide the representation of the applicants dated 02.04.2013 by a reasoned and speaking order within a period of three months from the date of receipt of certified copy of the order.
5. Needless to say that I have not passed the order on the merits of the case.
6. With the above observation O.A is disposed off at the admission stage itself. No costs.
MEMBER- A. Anand.
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