Central Administrative Tribunal - Delhi
Uttam Dey Sarkar vs Dr C Chandramuli on 16 August, 2019
Central Administrative Tribunal
Principal Bench
CP No.231/2019
OA No.639/2016
New Delhi, this the 16th day of August, 2019
Hon'ble Mr. Justice L. Narasimha Reddy, Chairman
Hon'ble Mr. Mohd. Jamshed, Member (A)
1. Uttam Dey Sarkar
ASO (Ad-Hoc), Department of Commerce
Ministry of Commerce and Industry
S/o Late P.R. Dey Sarkar
Aged 45 Years
Address-F-117, Moti Bagh-I,
New Delhi-110021
2. Kamlesh Salhotra
ASO (Ad-Hoc), Ministry of Agriculture and Farmers
Welfare
W/o Shri Manoj Kumar Salhotra
ASO (Ad-Hoc),
Aged 46 years
Address-H.no.1163, Blick-D,
Sainik Colony, Sector-49, NIT, Faridabad
Haryana
3. Chander Ballabh,
ASO (Ad-Hoc), Deptt. of Legal Affairs,
Ministry of Law and Justice
s/o Late Sheri Gangaram
Aged 43 Years
Address-Block No.9, House No. 125
Ali Gunj, Lodhi Road, New Delhi-110003
4. Prem Singh
ASO (Ad-Hoc), Ministry of Road Transport and
Highways
S/o Shri Nain Singh
Aged 50 years
Address-N-22, B-3, Dilshad Gardan,
New Delhi-110095
5. Sh. Krishan Pal
ASO (Ad-Hoc), Ministry of Urban Development
S/o Sh. Tilak Chand
2
Aged 45 years
Address-H.No.3, Gali No. 1,
Shivpuri, Sec.-9, Ghaziabad,
Uttar Pradesh
6. Sh. Deba Dutta Dash
ASO (Ad-Hoc), Ministry of Urban Development
S/o Sh. Dibakar Dash
Aged 47 years
Address-MEK.303-A, Gali No.4,
K-Block, Old Rangpuri Road,
Mahiplpur,
New Delhi-110037
7. Sh. Puran Chandra Mahalik
ASO (Ad-Hoc), Ministry of Urban Development
S/o Sh. Birendra Mahalik
Aged 49 years
Address-WC-23, Double Story,
IARI Pusa, New Delhi-110012
8. Dinesh
ASO (Ad-Hoc), Department of Industrial Policy and
Promotion,
Ministry of Commerce and Industry
S/o Late Sheri Janardhan
Aged 51 years
Address-H.No. 2646, Shadipur, New Delhi-110028
9. Madan Gopal Sharma
ASO (Ad-Hoc), Department of Industrial Policy and
Promotion,
Ministry of Commerce and Industry
S/o Shri I.D. Sharma
Aged 47 years
Address-H.No.106 B/2, Govind Puri,
New Delhi-110019
10. Sushmita Ghosh
ASO (Ad-Hoc), Ministry of Information and
Broadcasting
C/o Dr. D.N. Mukerji
Aged 48 years
Address-A-206, Anandlok Apartments,
Mayur Vihar-I, Delhi-110091
11. Jagat Singh
ASO (Ad-Hoc), Ministry of Information and
Broadcasting
3
S/o Late Shri Shiv Singh
Aged 54 years
Address-Q.no.796, Sector-9, R.K. Puram,
New Delhi-110022
12. Naresh Kumar Rustagi
ASO (Ad-Hoc), Ministry of Information and
Broadcasting
S/o Late Sheri Om Prakash Rustagi
Aged 46 years
Address-e-59A, Gali No. 16 (near Khola Chowk)
Sadh Nagar, New Delhi-110045
13. Rajesh Kumar Datta
ASO (Ad-Hoc), Ministry of Information and
Broadcasting
S/o Lt. Sh. Durga Datta
Aged 48 years
Address-49, Mahila Colony,
Gandhi Nagar, Delhi-110031
14. Manoj Kumar Sharma
ASO (Ad-Hoc), Ministry of Urban Development
S/o Late Sh. J.P. Sharma
Aged 46 years
Address-G-6/7, Sector-16, Rohini
Delhi-110089
15. Ms. K. Madhavi
ASO (Ad-Hoc), Ministry of Urban Development
W/o K.L.N. Murthy
Aged 43 years
Address-M-347, Sarojini Nagar,
New Delhi-110023
16. Anita
ASO (Ad-Hoc), Department of Industrial Policy and
Promotion,
Ministry of Commerce and Industry
W/o Late Shri Vinod Kumar
Aged 59 years
Address-G-24, Type-II, Nanakpura,
New Delhi-110021
17. Taruna
ASO (Ad-Hoc), Department of Industrial Policy and
Promotion,
Ministry of Commerce and Industry
W/o Shri Ranjit Gambhir
4
Aged 46 years
Address-H.No.15/479, Mama Bhanja Chowk,
Delhi Road, Sonepat,
Harayana-131001
18. Naresh Kumar
ASO (Ad-Hoc), Department of Industrial Policy and
Promotion,
Ministry of Commerce and Industry
S/o Late Narayan Dass
Aged 49 years
Address-DB-13F, Hari Nagar,
New Delhi-100064
19. Pankaj Kumar
ASO (ad-Hoc), Department of Industrial Policy and
Promotion,
Ministry of Commerce and Industry
S/o Shri T.R. Sehgal
Aged 50 years
Address-C-8/16, Sector-15, Rohini,
Delhi-110089
20. Dhanpat Singh
ASO (Ad-hoc), Ministry of Information and
Broadcasting
S/o Shri Kartar Singh
Aged 51 years
Address-Q. No. 268, Sector-VII, R.K Puram,
New Delhi-110022
21. Murari Singh
ASO (Ad-hoc), Department of Legal Affairs,
S/o Revti Prasad
Aged 58 years
Address- S-485, School Block, Shakarpur,
Delhi-110092
22. Anant Ram Yadav
ASO (Ad-hoc), Ministry of Health and Family Welfare,
S/o Sh. Lala Ram Yadav
Aged 47 years
Address-VIII. & P.O. Rajokari, New Delhi-110038
(Near Pankaj Light & Tent House)
23. Sh. Rajender Singh
ASO (Ad-hoc), Ministry of Law and Justice
S/o Lat Shri Nobat Ram
5
Aged 55 years
Address-VIII. & P.O. : H. No. 57, Nangal Thakran
Delhi-39
24 Md. Rafi
ASO (Ad-hoc) Department of Legal Affairs,
Ministry of Law and Justice
S/o Sattar Maiha
Aged 44 years
Address- D-II, Type-III, Dev Nagar,
Karol Bagh, Delhi-110005
25. Naval Kishore
ASO (Ad-hoc), Ministry of Agriculture and Farmers
Welfare
S/o Sh. Shankar Lal
Aged 45 years
Address-16/326-H, Bapa Nagar,
Arya Samaj Road, Karol Bagh,
Delhi-110005.
26. Kedar Nath
ASO (Ad-hoc), Ministry of Agriculture and Farmers
Welfare
S/o Late Shri Sheonath
Aged 58 years
Address-Q. No. 1534, Sector-V,
R.K Puram, New Delhi-110022.
27. Bimal Krishna Naskar
ASO (Ad-hoc), Ministry of Agriculture and Farmers
Welfare
S/o Shri Sjailendra Nath Naskar
Aged 50 years
Address-F-116, Bindapur, Pocket-3,
DDA Flats, Dwarka,
New Delhi-110059.
28. Saroj Bala
ASO (Ad-hoc), Ministry of Agriculture and Farmers
Welfare
W/o Shri Ashok Kumar
Aged 54 years
Address-Q.No. 51, Type-III, NH-4
Faridabad, Haryana-121001.
29. Sh. Kailash Kumar
ASO (Ad-hoc), Department of Commerce,
6
Ministry of Commerce and Industry
S/o Late Shri Amir Singh
Aged 44 years
Address- House No. 387, Sector-12
R.K. Puram, New Delhi-110022
30. Sh. Gurvinder Kumar
ASO (Ad-hoc), Department of Personnel and
Training,
Ministry of Personnel, Public Grievances and
Pensions
S/o Late Shri Madan Lal
Aged 45 years
Address- BE-241, Hari Nagar,
New Delhi-110064
31. Sh. Malam Singh
ASO (Ad-hoc), Ministry of Urban Development
S/o Shri Balbir Singh
Aged 42 years
Address- Type-II, Q.No. S-94/Sector-IV,
DIZ Area, New Delhi.
32. Molly Thomas
ASO (Ad-hoc), Ministry of Power
W/o Shri Thomas John
Aged 43 years
Address- A/4/145, Paschim Vihar,
Delhi-110063.
33. Jatinder Singh
ASO (Ad-hoc), Department of Commerce,
Ministry of Commerce and Industry
S/o Late Shri Ajit Singh
Aged 47 years
Address-1497, Sector-5, R.K Puram,
Delhi-110022
34. Sultan Singh
ASO (Ad-hoc), Ministry of Agriculture and Farmers
Welfare
S/o Late Shri Loka Ram
Aged 59 years
Address-H.No. 110, Block No. 26,
Saidulajab Colony, New Delhi-110030
7
35. Prithvi Nath
ASO (Ad-hoc), Ministry of Agriculture and Farmers
Welfare
S/o Late Shri Paras Singh
Aged 52 years
94, Laxmibai Nagar,
New Delhi-110023
36. Ramphal
ASO (Ad-hoc), Ministry of Agriculture and Farmers
Welfare
S/o Shri Kamal Singh
Aged 46 years
Address- VIII & PO-Kaunt,
District-Bhiwani, Haryana-127021
37. Raj Karan Singh
ASO (Ad-hoc), Ministry of Agriculture and Farmers
Welfare
S/o Sh. Ratan Singh
Aged 47 years
Address- C-70 A, Rama Park,
Near Dwarka Mod, Delhi-110059
38. Santosh Kumar
ASO (Ad-hoc), Ministry of Agriculture and Farmers
Welfare
S/o Late B. Pandey
Aged 46 years
Address-34-T, Sector-4, DIZ Area,
Gole Market Delhi-110001.
39. Anjum Nasir
ASO (Ad-hoc), Ministry of Agriculture and Farmers
Welfare
S/o Md. Suleman
Aged 46 years
Address-H.No. 524, Kamla Nehru Nagar,
Ghaziabad (U.P)-201002
40. Sh. Longu Ram Choudhary
ASO (Ad-hoc), Department of Legal Affairs
Ministry of Law and Justice
S/o Lachhman Singh
Aged 59 years
Address Qtr. No. 1225, Sector 8,
R.K Puram, New Delhi-110022
8
41. Sh. Raghu Nath Sharma
ASO (Ad-hoc), Department of Legal Affairs
Ministry of Law and Justice
S/o Parmanand Sharma
Aged 57 years
Address-Qtr. No. 290, Sector 11, Type-II,
Sadiq Nagar, New Delhi-110049.
42. Rajpal Sharma
ASO (Ad-hoc), Ministry of Power
S/o Shri Harnarayan Sharma
Aged 57 years
Address-VIII- Sadhrana,
PO-Darhi Harsaru, Distt Gurdaya,
Haryana.
43. Sh. Mukesh Kumar
ASO (Ad-hoc), Ministry of Home Affairs
S/o Late Shri Dayanand
Aged 41 years
Address-VIII & P.O. -Asudha,
Tehsil- Bahadur Garh,
District-Jhajjar (Haryana)
44. Subhash Chander
ASO (Ad-hoc), Ministry of Agriculture and Farmers
Welfare
S/o Late Shri Gopi Ram
Aged 51 years
Address-C-3/333, Lodhi Colony,
New Delhi- 110003
45. Kishan Dutt
ASO (Ad-hoc), Ministry of Agriculture and Farmers
Welfare
S/o Late Shri Gunanand
Aged 59 years
Address-8/519, Lodhi Colony, New Delhi
46. Arun Kumar
ASO (Ad-hoc), Ministry of Agriculture and Farmers
Welfare
S/o Late Shri Janaradhan Prasad
Aged 47 years
Q. No. 51, sector-8, R.K Puram, New Delhi.
47. Kanwar PAlSingh
ASO (Ad-Hoc), UPSC, DoPT,
9
Ministry of Personnel, Public Grievances & Pensions
S/o Shri Atraj Singh,
Aged 57 years
Address: H.No. 108, Sector-7
R.K. Puram, New Delhi
48. Sh. Bijender
ASO (AD-hoc), Staff Selection Commission, DoPT
Ministry of Personnel, Public Grievances & Pensions
S/o Sh. Daryab Singh
Aged 48 Years
Address-I-27, Nanak Pura, New Delhi
49. Chander Prakash
ASO (Ad-hoc), Ministry of Agriculture and Farmers
Welfare
S/o Late Shri Mahanand
Aged 54 years
Address-H. No. 201,
Lodhi Road Complex,
New Delhi-110003
50. Som Dutt
ASO (Ad-hoc), Ministry of Agriculture
S/o Late Shri Devi Dutt
Aged 57 years
Address- Vill & PO Bhangrola, Distt- Gurgaon,
Haryana,
51. Ratan Singh
ASO(Ad-hoc), Ministry of Tribal Affairs
S/o Late Shri Tikka Ram
Aged 59 years
Address- H.No. 131, Vill-Sehani,
PO-Nand Gram, Distt.- Ghaziabad, Uttar Pradesh
52. Sh. Bharat Singh
ASO (AD-hoc), Department of Industrial Policy and
Promotion,
Ministry of Commerce and Industry
S/o Shri Jeet Singh
Aged 57 years
Address - Qr. No. 5/1, Sector-I,
M.B. Road, New Delhi
10
53. Sh. Sanjay Kataria
ASO (Ad-hoc), Department of Legal Affairs,
Ministry of Law and Justice
S/o Late Sh. Gainda Singh
Aged 40 years
Address-J-3/133, Laxmi Nagar, Delhi-92
54. Usha
ASO (Ad-hoc), Ministry of Power
D/o Late Sh. S.S. Negi
Aged 43 years
Address- H.No. N-649, Sector-VIII,
R.K. Puram, New Delhi
55. Sh. Surendra Prasad
ASO (Ad-hoc), Staff Selection Commission
(Allahabad),DOPT
Ministry of Personnel, Public Grievances & Pensions
S/o Shri Charitra Prasad
Aged 46 years
Address- C/o KrintaKunj,
139F/12-A, Rasulabad,
P.O.-Teliyar Ganj, Allahabad,
Uttar Pradesh
56. Sh. S.R. Dey
ASO (AD-hoc), Department of Legal Affairs (Calcutta),
Ministry of Law and Justice
S/o Late Shri Niranjan Dey
Aged 48 years,
Address-B/29, Naba Nagar, Vidyasagar Park,
P.O.-Birati, P.S. Nimta, Kolkata
West Bengal ..Applicants
(By Advocate : Shri N. K. Singh for Mrs. Avnish Ahlawat)
Versus
Dr. C. Chandramouli
Secretary
Department of Personnel and Training,
Room No.112, North Block,
New Delhi 110 001.
11
: O R D E R (ORAL) :
Justice L. Narasimha Reddy, Chairman:
The petitioners herein filed OA No.639/2016 challenging as many as five office memoranda, pertaining to the seniority on the post of Upper Division Clerks (UDC) working in the Central Secretariat Services (CSS). Their grievance was about the fixation of seniority. The OA was allowed through detailed order dated 09.01.2019 directing that none of the UDCs appointed against 2151 vacancies subsequent to year 2009 shall be placed above any of the UDCs appointed up to that date and they shall take seniority in accordance with their dates of appointment. The further direction was that the seniority and other benefits that accrued to the applicants up to 03.05.2012 shall remain intact and any proceedings that ensued adversely affecting the same, shall stand set aside.
2. This contempt case is filed alleging that the respondents have not implemented the judgment of the Tribunal.
3. On behalf of the respondents, it is stated that W.P. (C) No.5259/2019 was filed in the Hon'ble High Court of Delhi against the judgment in the OA, and that on 15.05.2019, an interim order was passed directing that; (a) the status 12 quo as directed by the Tribunal vide its order dated 23.12.2015 shall continue to operate and (b) promotions, if any, made in the meantime, shall be subject to further orders in this petition. The same is said to have been reiterated in the order dated 06.08.2019 passed in W.P (C) No.8454/2019.
4. The nature of relief granted in the OA has been indicated above. This is not a case in which the order in the OA has become final or that the Hon'ble High Court did not divert any interim measure. Once the High Court passed an interim order, the question of entertaining the contempt petition does not arise. The applicants have to seek the relief in the pending writ petition. We, therefore, close the contempt petition.
(Mohd. Jamshed) (Justice L. Narasimha Reddy) Member (A) Chairman /pj/