Central Administrative Tribunal - Delhi
Sh. A.K. Chopra vs Government Of Nct Of Delhi on 4 May, 2009
Central Administrative Tribunal Principal Bench OA No. 1179/2009 New Delhi, this the 4th day of May, 2009 Honble Mr. Justice V.K. Bali, Chairman Honble Mr. L.K. Joshi, Vice Chairman (A) 1. Sh. A.K. Chopra, S/o Sh. C.L.Chopra, R/o C-1/79, Janakpuri, New Delhi 110 058. 2. Sh. Anuraag Mittal S/o Sh. R.S. Gupta, R/o G-352, Preet Vihar, New Delhi. 3. Sh. S.N. Sharma S/o Sh. D.D. Sharma, R/o 60-C-1B, Paschin Vihar, New Delhi- 110 063. 4. Sh. Subhash Chand, s/o Sh. Harprashad, R/o Flat No.1, Type IV, Jal Vihar, Lajpat Nagar, New Delhi 110 024. 5. Sh. Yashpal Gupta S/o Sh. R.L. Gupta, R/o E-202, Pandav Nagar, Delhi 110 091. 6. Sh. Ram Gopal, S/o Sh. Kulanand, R/o 73-83, F.F. Enclave, NEB Sarai, New Delhi 110 068. 7. Sh. Jeet Ram Dedha, S/o Sh. P.R. Dedha, R/o E-2, Chandrawal Water Works, NO.II, Civil Lines, Delhi 110 054. 8. Sh. Gajendra Pal Singh S/o Lt. Sh. Karan Singh, R/o RC 556, Indira Vihar, Near Ambedkar Park, Khora Colony, Ghaziabad (UP). Applicants (By Advocate: Shri R.R. Dua) Versus 1. Government of NCT of Delhi Through Principal Secretary, Department of Urban Development, 10th Level C Wing, Delhi Sectt., I.P. Estate, New Delhi 110 002. 2. Delhi Jal Board through Chief Executive Officer, Varunalya, Phase-II, Karol Bagh, New Delhi. 3. Member (Administration) Delhi Jal Board, Varunalya, Phase-II, Karol Bagh, New Delhi. 4. Assistant Commissioner (T), Delhi Jal Board, Varunalya, Phase-II, Karol Bagh, New Delhi. 5. Sh. Sunil Kumar Singh S/o Sh. J.P. Singh, C/o Executive Engineer (E&M), Delhi Jal Board, Water Treatment Plant, Nangloi, New Delhi. 6. Sh. Praveen Kumar S/o Sh. Shankar Dass C/o Executive Engineer (E&M), Water Supply, East, Delhi Jal Board, Geeta Colony, New Delhi. 7. Sh. Shesh Ram Singh S/o M.R. Singh, C/o Executive Engineer (SDW)-IX, Delhi Jal Board, Rithala, New Delhi. 8. Sh. K.C. Meena s/o Sh. R.K. Meena, C/o Executive Engineer (E&M), Water Supply, North East, Delhi Jal Board, Dilshad Garden, New Delhi. Respondents ORDER (ORAL) Justice V.K. Bali, Chairman:
A.K. Chopra and seven others have filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking to set aside order dated 27.03.2009 containing seniority of A.Es (E&M), and for direction to be issued to the respondents to restructure the said seniority list in view of objections of the applicants and accord them the seniority with retrospective effect from the date of their appointment in view of the fact that they have been serving in the said cadre and post uninterruptedly.
2. During the course of arguments, it transpires that the seniority list, challenged in present Original Application, is provisional one against which applicants have filed their objections and the same have not been decided so far. Counsel of the applicants limits his prayer, at this stage, only for deciding the objections made by the applicants against the provisional seniority list. With a view to have a decision on the objections, it is stated that despite the fact that no final seniority list has been issued, persons junior to the applicants are being promoted to the higher post.
3. We would not go into the question, at this stage, as to whether the applicants are senior to respondent nos. 5 to 8, but, surely, the applicants do deserve a decision on their objections, which have been recently filed on 04.04.2009 against the provisional seniority list, which was issued on 27.03.2009. Thus, without going into the merit of this case, at this stage, we direct the Assistant Commissioner (T), Delhi Jal Board, fourth respondent herein, to deal with the objections of applicants and pass orders thereon in accordance with law as expeditiously as possible and preferably within a period of two months from the date of receipt of certified copy of this order. Registry is directed to send forthwith certified copy of this order to respondent no. 4. The said respondent would hear the applicants and all others, who may be interested parties, before passing final order. It goes without saying that if the applicants still feel aggrieved, they may file fresh Original Application.
4. With the above directions, present Original Application stands disposed of.
(L.K. Joshi) (V.K. Bali) Vice Chairman (A) Chairman /naresh/