Central Administrative Tribunal - Delhi
Dgm In Mtnl & Presently O Foreign Posting ... vs Mahanagar Telephone Nigam Limited on 28 March, 2012
Central Administrative Tribunal
Principal Bench
OA No.365/2012
New Delhi, this the 28th day of March, 2012
Honble Mr. Justice S.C. Sharma, Acting Chairman
Honble Dr. Ramesh Chandra Panda, Member (A)
Sanjeev Kumar,
Addl. G.M. (Restructuring),
MTNL, Corporate Office,
710, Mahanagar Door Sanchar Bhawan,
JLN Marg,
New Delhi-110002.
Mr. Rajesh Rai,
C-173, Pocket-7, Phase-V,
Sector-82, Kendriya Vihar,
Noida (U.P.).
DGM in MTNL & presently o Foreign posting at Mauritius
Applicants
(By Advocate : Ms. Jasvinder Kaur)
Versus
Mahanagar Telephone Nigam Limited,
Through its Chairman-cum-Managing Director,
13th Floor, Jeevan Bharti Building,
Janpath, Connaught Place,
New Delhi-110001.
Ministry of Communications & IT,
Through Secretary,
Department of Telecommunications
Sanchar Bhawan,
20 Ashok Road,
New Delhi-110001. Respondents
(By Advocate : Shri Naveen Kumar Singh with Sh. Rohit
Aggarwal)
: ORDER (ORAL) :
Justice S.C. Sharma, Acting Chairman :
The instant Original Application has been instituted for the following reliefs:-
Direct the respondents to accord regular promotions to applicants in GMs, grade as per MTNL Senior Management Services Promotion Policy , 2010 with effect from year June, 2009, as per order of Respondent No.1 at Annexure-A-16;
Direct the respondent to accord non-functional promotions to applicant No-1 to E-9 scale with effect from year January, 2005, since when applicant is eligible for promotion to that scale.
And, may pass such other further orders/directions deemed fit and proper in the facts of the case in favor of the applicants.
Allow the present Original Application with costs in favor of the applicants.
2. We have heard Ms. Jasvinder Daur, Advocate for applicants and Mr. Naveen Kumar Singh along with Shri Rohit Aggarwal, Advocates to the respondents and perused the entire facts of the case. Instead of considering the reliefs sought for in the OA, we are concerned regarding the interim relief claimed by the applicant. The interim relief has been claimed to the effect Till the final disposal of the present OA and granting appropriate relief sought for above, this Honble Tribunal may kindly direct the Respondent No.1 to declare the result of DPC constituted for regular promotion of officers to the grade of General Manager (E-9 Functional) under MTNL Senior Management Services Promotion Policy, 2010 for which CR dossiers of the applicants were called vide MTNL/CO/Pers-II/MTNLMS/Prom/2011/30 dated 13.08.2011. This is prayed in order to protect seniority interest of applicants over new recruitees under impugned one time lateral entry (Annexure A-3); Also the interim relief is of utmost importance to avoid further multifarious litigation amongst the applicants and alike against the direct recruits regarding inter-se seniority.
3. The prayer has been made as an interim measure to direct the respondents to declare the result of the DPC. Although, Relief No.1 has been claimed in the OA to direct the respondents to accord regular promotion to the applicant in the GM grade. But as it has been considered by the respondents that a DPC was convened and after seeking advise/approval of the competent authority, the result of the DPC will be declared, we will not be directing the respondents to give regular promotion but when a DPC was convened, in order to consider the promotion matter, then it is incumbent upon the respondents to declare the result of the DPC. It has not been alleged by the applicant or on behalf of the respondents that any disciplinary proceeding is pending against the applicant. Although, a request has been made on behalf of the respondents for time to file counter reply about the allegations made in the OA but as the fact is that a DPC was convened in order to consider the promotion including of the applicants. As there is nothing adverse against the applicants so as to debar them from promotion then the result of the DPC is to be declared, or if there is anything adverse then with reasoning the sealed cover procedure can be adopted.
4. Considering this nature of the relief, it will be a futile exercise to call the counter and rejoinder and we feel that this OA may be disposed of at this stage without calling the counter and rejoinder. The direction can be given to declare the result of the DPC. Although, it has been argued by the learned counsel for the respondents that an allegation has been made in the OA that promotion of absorbed ITS Officers in MTNL be made according to MTNL Senior Management Services Promotion Policy, 2010 with effect from year June 2009 and against the arbitrary and disciplinary approach of MTNL by One Time Special Lateral Entry Recruitment Rules 2011. We are not making any observation regarding these policies. Whatever policy the applicant is governed that may be taken into consideration and as the DPC has already taken place, hence the result of the DPC must be declared. The OA deserves to be disposed of accordingly.
5. However, it has also been argued by the learned counsel for the respondents that the main prayer in the OA is not maintainable and there is no need to grant any interim relief but we have observed above that the direction can be given to the respondents to give promotion to an employee but certainly we can direct the respondents to consider the candidature of an employee for promotion and in the present case the DPC has already been convened without the order of the Tribunal. Hence, we are not passing any order for giving promotion to the applicant or considering the case of the applicant for promotion because the applicants case has already been considered and that is why the DPC has been convened.
6. The OA is disposed of finally at this stage. The respondents are directed to declare the result of the DPC within a period of three weeks from the date of communication of the order.
(Dr. Ramesh Chandra Panda) (S. C. Sharma) Member (A) Acting Chairman /pj/