Central Administrative Tribunal - Delhi
Delhi Andaman And Nicobar Islands Civil ... vs M/O Home Affairs on 20 November, 2023
1
Item No.62 OA No. 1556/2019
Central Administrative Tribunal
Principal Bench, New Delhi
OA No. 1556/2019
MA No. 1457/2022
This the 20th day of November, 2023
Hon'ble Mr. Anand Mathur, Member (A)
Hon'ble Mrs. Pratima K Gupta, Member (J)
1. Delhi Andaman & Nicobar Island Civil Service Officers' Association
through its General Secretary
Sh. Dharmendra Kumar
Serving as SG-IO, Group A
Aged about 43 years
S/o Sh. Ram Pravesh Singh
R/o Flat No. 30, Delhi Govt. Officers flats
G.K-I, New Delhi-110048
2. Sh. Vikas Ahlawat
Serving as SG-IO, Group A
Aged about 38 years
S/o Sh. A.S. Ahlawat
R/o B-4/148, Safdarjung Enclave, Delhi.
3. Sh. Shivam Teotia
Serving as EG-IO, Group B
Aged about 33 years
S/o Sh. Raj Kumar Singh
R/o D-4, Sector-31, Noida-201303
4. Sh. Vivek Aggarwal
Serving as SG-IO, Group A
Aged about 40 years
S/o Sh. J.L. Aggarwal
R/o Flat No. 58, Delhi Govt. Officer Flats,
G.K.1, Delhi-48.
5. Sh. Arun Gupta
Serving as SG-IO, Group A
Aged about 39 years
S/o Dr. Surya Prakash
R/o Flat No. 4, Delhi Govt. Officer Flats, G.K. 1, Delhi-48
6. Sh. Vivek Kumar
Serving as SG-IO, Group A
Aged about 42 years
S/o Sh. Devdutt Kulhari
R/o Flat No. 33/18, Delhi Govt. Admn. Flats
2
Item No.62 OA No. 1556/2019
Raj Pur Road, Civil Line, Delhi-54
7. Sh. Amit Kumar Pamasi
Serving as SG-IO, Group B
Aged about 42 years
S/o Sh. Kishan Lal
R/o Pocket B, 37B, Mayur Vihar, Delhi-91
8. Ms. Mitali Goel
Serving as EG-IO, Group B
Aged about 31 years
D/o Sh. Satish Kumar Goel
R/o 5216, DLF Phase-4, Gurgaon
9. Sh. Jatin Goyal
Serving as EG-IO, Group B
Aged about 37 years
S/o Sh. Dinesh Kumar Goyal
R/o 503, Block-2, DDA Flats, Motia Khan
Pahargunj, Delhi.
10. Mohd. Rehan Raza
Serving as EG-IO, Group B
Aged about 36 years
S/o Sh. Late Mohd. Ishhaq
R/o flat No. 65, Delhi Govt. Officer Flats,
GK.1, Delhi-48
11. Sh. Arun Kumar Jha
Serving as SG-IO, Group A
Aged about 40 years
S/o Sh. Ram Chandra Jha
R/o 33/22, Delhi Admn. Flats, Raj Pur Road
Civil Line, Delhi-54
12. Sh. Marathe Onkar Gopal
Serving as SG-IO, Group A
Aged about 39 years
S/o Sh. Gopal Damodar Marathe
R/o 41, Delhi Govt. Officer Flats,
GK.1, Delhi-48
13. Sh. Akhil Kumar
Serving as EG-IO, Group B
Aged about 38 years
S/o Sh. Hare Krishna Baranwal
R/o 48B, Pocket B, Mayur Vihar, Phase-2, Delhi-91
14. Sh. Suresh Chand Meena
Serving as SG-IO, Group A
Aged about 43 years
S/o Sh. Ram Kishor Meena
R/o 46, Delhi Govt. Officer Flats
GK-1, Delhi-48
15. Sh. Pranjal J Hazarika
3
Item No.62 OA No. 1556/2019
Serving as SG-IO, Group A
Aged about 43 years
S/o Sh. Nirmal Chandra Hazarika
R/o C-304, Pragjyotishpur Apartment, Plot No. 7
Sector-10, Dwarka, Delhi-75.
16. Sh. Asha Chaudhary Malhotra
Serving as SG-IO, Group A
Aged about 37 years
S/o Sh. Krishan Kumar
R/o D-44/4, East of Kailash, Delhi-65.
17. Sh. Saumyaketu Mishra
Serving as SG-IO, Group A
Aged about 38 years
S/o Sh. Jagdish Chandra Mishra
R/o 56, Delh Govt. Officer Flats,
G.K. -1, Delhi-48
18. Sh. Shingare Ramchandra Mahadev
Serving as EG-IO, Group B
Aged about 33 years
S/o Sh. Shingare Mahdev Vithoba
R/o 33/4, Rajpur Road, Civil Lines, Delhi.
19. Sh. Prashant Kumar
Serving as EG-IO, Group B
Aged about 40 years
S/o Sh. Om Prakash Singh
R/o Flat No. 11, Delh Govt. Officer Flats,
G.K. -1, Delhi-48
20. Sh. Amit Kumar
Serving as EG-IO, Group A
Aged about 41 years
S/o Sh. Chiranjee Lal
R/o Flat No. 33/36, Rajpur Road, Civil Lines, Delhi-54
21. Sh. Ramesh Chander Meena
Serving as EG-IO, Group B
Aged about 36 years
S/o Sh. Prabhu Narayan Meena
R/o Flat No. 33/07, Rajpur Road, Civil Lines, Delhi.
22. Sh. Lekh Raj
Serving as SG-IO, Group A
Aged about 45 years
S/o late Sh. Sukhbir Singh
R/o A-2-404, Saviour Park, Mohan Nagar
Ghaziabad, UP.
23. Sh. Rajnish Kumar Singh
Serving as SG-IO, Group A
Aged about 41 years
S/o Sh. Sarju Singh
R/o Flat No. 22, Delh Govt. Officer Flats, G.K. -1, Delhi-48
4
Item No.62 OA No. 1556/2019
24. Sh. D. Karthikeyan
Serving as SG-IO, Group A
Aged about 37 years
S/o Sh. A. Devraj
R/o Flat No. 16, Block-33, Rajpur Road, Civil Lines, Delhi.
... Applicants
(By Advocate: Sh. M.K. Bhardwaj)
VERSUS
1. Union of India
Through its Secretary
Ministry of Home Affairs
Govt. of India,
North Block, New Delhi.
2. The Secretary
DoP&T
North Block, New Delhi
3. Additional Secretary (UT)
Ministry of Home Affairs
Govt. of India,
North Block, New Delhi.
4. Govt. of NCT of Delhi
Through its Chief Secretary
Delhi Secretariat, IP Estate, New Delhi
... Respondents
(By Advocate: Sh. Rajeev Kumar, Sh. Amit Yadav with Dr. Monika
Bhargava for R-4)
5
Item No.62 OA No. 1556/2019
O R D E R (ORAL)
Hon'ble Mr. Anand Mathur, Member (A) This OA has been filed by the applicants seeking the following relief(s):
"(i) to declare the action of respondents in not filling up of promotional posts of DANICS strictly as per RRs as illegal and arbitrary and direct the respondents to fill up all the posts of DANICS falling promotion quota strictly as per the DANICS Rules, 2003 as amended time to time within three months.
(ii) to direct the respondents to withdraw the adhoc DANICS promotion and not to use "adhoc DANICS" nomenclature for holder of substantive post of DASS grade-I.
(iii) deleted
(iv) to allow the OA with cost.
(v) to pass any such other order as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case."
2. The matter has been argued at length by learned counsel for the parties. During the course of discussion, learned counsel for the applicants draws our attention to an order dated 03.04.2023 issued by Sh. Rakesh Kumar Singh, Under Secretary to the Government of India, Ministry of Home Affairs, as per which the Departmental Promotion Committee to consider eligible officers for induction into the entry Grade of DANICS against Promotion Quota vacancies pertaining to the year 2019 to 2022 was scheduled to be held on 20.04.2023. However, the same has not been held till date. He pleads for directing the respondents to hold the same at an early date. 6 Item No.62 OA No. 1556/2019
3. Learned counsel for the respondents pleads for three months' time to hold the said DPC.
4. On hearing learned counsel for both the parties, it is seen that there has been an inordinate delay in holding the DPC from April, 2023 to November, 2023. Under the circumstances, the respondents - Union of India are hereby directed to hold the aforesaid DPC within a period of one month from today.
5. With the aforementioned directions, the OA stands disposed of.
6. No order as to costs.
(Pratima K Gupta) (Anand Mathur)
Member (J) Member (A)
/NS/