Central Administrative Tribunal - Kolkata
R Mohan vs Department Of Higher Education on 1 May, 2025
1 O.A. 351/00592/2025
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH, KOLKATA
(CIRCUIT AT PORT BLAIR)
No. O.A. 351/00592/2025 Date of order: 01.05.2025
Present : Hon'ble Ms. Urmita Datta (Sen), Judicial Member
Hon'ble Mr. Anindo Majumdar, Administrative Member
R. Mohan,
S/o. Shri M. Ramaswamy,
R/o Teylarabad Ward No. 3,
Garacharma Post,
South Andaman.
..... Applicant
- VERSUS-
1. Union of India,
Service through the Secretary,
Ministry of Education,
Department of Higher Education,
Shastri Bhavan,
New Delhi-110001.
2. The Lt. Governor,
Andaman & Nicobar Islands,
Raj Niwas,
Port Blair-744101.
3. The Chief Secretary,
A & N Administration,
Secretariat Building,
Port Blair.
4. The Secretary (Education),
Andaman & Nicobar Administration,
Secretariat Building,
Port Blair.
5. The Principal,
Dr. B.R. Ambedkar Institute Technology
(erstwhile Known as Dr. B.R. Ambedkar
Govt. Polytechnic), Pahargaon,
Port Blair,
South Andaman District.
.... Respondents
For the Applicant : Mr. Rajinder Singh, Counsel
Digitally signed by Shantanu Pramanik
Shantanu
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65=
133598026844054409pZp0Sk77DU2VN1, Phone=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888,
PostalCode=712223, S=West Bengal, SERIALNUMBER=
1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e,
CN=Shantanu Pramanik
Pramanik Reason: I am the author of this document
Location:
Date: 2025.05.05 18:18:10-07'00'
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2 O.A. 351/00592/2025
For the Respondents : Dr. D. Chowdhury, Counsel
O R D E R (Oral)
Per Ms. Urmita Dutta (Sen), Judicial Member:
The instant Original Application has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985 praying for the following reliefs:-
"(A) An order do issue directing the respondent No.5 to give regular appointment to the applicant to the post of Workshop Instructor from the date of initial adhoc appointment instead of 03.05.2007 (i.e. date of notification of Recruitment Rules on 03.05.2006) by modifying the order No.597 dated 28.09.2007.
(B) An order be passed directing the respondent authority to release consequential benefits arising consequent to grant of Prayer (A) herein above.
(C) Any such order or orders be passed and or direction or directions be given as this Hon'ble Tribunal may deem fit and proper.
(D) Cost and incidentals to this application."
2. The instant Original Application has been filed basically praying for preponing the date of regularization of the applicant taking into account his adhoc appointment made on 09.01.1987 (Annexure A/5) on the recommendation of the DPC held on 15.07.2003 to the post of Workshop Instructor (Electrical) against the existing vacancy reserved for Physically Handicapped category. Thereafter, he was regularized on the same post w.e.f. 03.05.2006 as Recruitment Rule was notified on 03.05.2006 as per the respondents. However, in case of some similarly circumstanced employees, their adhoc period has been counted for the purpose of regularization as per Order dated 01.11.2024 (Annexure A-10). Therefore, the applicant has prayed for antedating his date of regularization by taking into account his initial date of appointment. In this respect, he has made a representation dated 25.11.2024 (Annexure A/11).
Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, CN=Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.05.05 18:18:10-07'00' Foxit PDF Reader Version: 2024.3.0
3 O.A. 351/00592/2025
3. However, the Ld. Counsel for the applicant has fairly submitted that it would suffice his purpose, if the Respondent No. 5 be directed to consider the representation treating this O.A. as part of it and communicate the decision within a stipulated period of time.
6. Ld. Counsel for the respondents has no objection to such consideration as per rules.
7. In view of the above, we direct Respondent No. 5 or any other competent authority to consider his representation treating this O.A. as part of it with follow up action, if any, within a period of 02 months from the date of receipt of a copy of this order and if the applicant would be eligible, follow up action may be taken up within a period of 01 month thereafter.
8. Accordingly, the O.A. is disposed of at the admission stage with no order as to costs.
(Anindo Majumdar) [Urmita Datta (Sen)]
Administrative Member Judicial Member
sp
Digitally signed by Shantanu Pramanik
Shantanu
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, CN=Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.05.05 18:18:10-07'00' Foxit PDF Reader Version: 2024.3.0