Central Administrative Tribunal - Delhi
Sh. Raj Kumar Saini vs Govt.Of N.C.T. Of Delhi on 27 November, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH: NEW DELHI OA NO.3974/2012 And OA No.3976/2012 NEW DELHI THIS THE 27TH DAY OF NOVEMBER, 2012 HONBLE MR. G.GEORGE PARACKEN, MEMBER (J) HONBLE MRS. MANJULIKA GAUTAM, MEMBER (A) OA No.3974/2012 Sh. Raj Kumar Saini S/o Late Sh. Shiv Prasad Saini r/o 24-B Sanwal Nagar, Near Sadiq Nagar, New Delhi-49. Applicant (By Advocate: Sh. Ajesh Luthra) VERSUS 1. Govt.of N.C.T. of Delhi Through the Chief Secretary, 5th Floor, Delhi Sachivalaya, New Delhi. 2. The Principal Secretary, (Services) GNCT of Delhi 7th Level, B Wing, Delhi Secretariat, I.P. Estate, New Delhi. Respondents OA No.3976/2012 Sh. Surender Singh S/o Sh. Sarup Singh r/o 626/21 Azad Garh Rohtak, Haryana. Applicant (By Advocate: Sh. Ajesh Luthra) VERSUS 1. Govt.of N.C.T. of Delhi Through the Chief Secretary, 5th Floor, Delhi Sachivalaya, New Delhi. 2. The Principal Secretary, (Services) GNCT of Delhi 7th Level, B Wing, Delhi Secretariat, I.P. Estate, New Delhi. Respondents ORDER (ORAL) MR. G.GEORGE PARACKEN, MEMBER (J):
Both these Original Applications are identical and, therefore, they are disposed of by this common order.
2. The applicants are Grade-I (DASS) Officers. By the impugned Annexure-A/1 order dated 14.11.2012, the Competent Authority has promoted several Grade-I (DASS) Officers, including seniors and juniors of the applicants, on adhoc and emergent basis to the ex-cadre post of DANICS carrying higher responsibilities, for a period of six months or till further orders and the applicant has been left out.
3. According to the applicants, there are absolutely no reasons whatsoever for not considering them for promotion. They have specifically stated that they are neither under suspension nor any departmental proceeding or criminal cases have been initiated or pending against them.
4. In view of the above position, we dispose of this OA with the direction to the respondents to consider the applicants for promotion and to promote them to the ex-cadre post of DANICS, if there are no valid reasons for not doing so. In case, they are found eligible for promotion as in the case of their seniors and juniors who have since been promoted and they have not been promoted by mistake, they shall also be promoted from the date their immediate junior has been promoted with all consequential benefits except back wages, within 15 days from the date of receipt of a copy of this order. In case, the applicants have been found not eligible for promotion, they shall be informed of the reasons, within the aforesaid period of time. However, on reconsideration, if they are found eligible for promotion and they have not been promoted on account of any mistake or for any reasons not attributable to them, and still they are not promoted within the aforesaid period, they will be entitled for payment of salary of the promotional post from the date of expiry of 15 days as stated above.
5. With the aforesaid directions, these OAs are disposed of. There shall be no order as to costs.
DASTI.
(Mrs. Manjulika Gautam) (G.George Paracken) Member (A) Member (J) /jk/