Central Administrative Tribunal - Delhi
Mukesh Kumar vs M/O Defence on 21 October, 2019
Central Administrative Tribunal
Principal Bench
OA No.3107/2019
MA No.3404/2019
New Delhi, this the 21st day of October, 2019
Hon'ble Mr. Justice L. Narasimha Reddy, Chairman
Hon'ble Mr. Mohd. Jamshed, Member (A)
1. Mr.Mukesh Kumar,
S/o Late Shri Badri Prasad,
Aged about 59 years, Group 'B',
Desi : Data Processing Assistant/Programmer
Employee Code No.A066055,
R/o House No.19/980m
Lodhi Road, New Delhi-110003.
2. Ms. Naishrity Mathur,
D/o Late Shri P. Prasad,
Aged about 57 years, Group 'B',
Desi : Data Processing Assistant/Programmer
Employee Code No.A220778,
R/o House No.817 Type-III,
Sector-9, R.K. Puram, New Delhi-110066.
3. Ms. Darshan Nandwani,
D/o Late Shri Pyare Lal Baweja,
Aged about 56 years, Group 'B',
Desi : Data Processing Assistant/Programmer
Employee Code No.A065863,
R/o 2/77, Subhash Nagar,
New Delhi.
4. Ms. Tripta Soni,
D/o Late Shri Laxman Dass Sethi,
Aged about 57 years, Group 'B',
Desi : Data Processing Assistant/Programmer
Employee Code No.A066729,
R/o Pocket-A, Mayur Vihar,
Phase-II,
New Delhi-110091.
5. Mr. Vivek Tyagi,
S/o Shri P.P. Tyagi,
Aged about 55 years, Group 'B',
Desi : Data Processing Assistant/Programmer
2
OA No.3107/2019
Employee Code No.A066815,
R/o G-430, Sarojni Nagar,
New Delhi-110023.
6. Mr. Sunil Dawar,
S/o Late Shri K.D. Dawar,
Aged about 57 years, Group 'B',
Desi : Data Processing Assistant/Programmer
Employee Code No.A066646,
R/o 207, Block-12, Lodhi Road,
New Delhi-110023.
7. Ms. Kamlesh Kandpal,
D/o K.D. Bhati,
Aged about 58 years, Group 'B',
Desi : Data Processing Assistant/Programmer
Employee Code No.A065988,
R/o House No.17, Sector-1,
R.K. Puram, New Delhi-110022.
8. Mr. N.C. Kaushik,
S/o Late Shri Chander Pal,
Aged about 57 years, Group 'B',
Desi : Data Processing Assistant/Programmer
Employee Code No.A066138,
R/o 178/4, Gali No.2,
Padam Nagar, Kishan Ganj,
Delhi-110007.
...Applicants
(By Advocate : Shri Pramod Kumar Sharma )
Versus
Union of India Through,
1. Secretary,
Ministry of Defence,
South Block, New Delhi.
2. J.S. (Trg.), and CAO,
Ministry of Defence,
E Block, Hutments,
New Delhi-110011.
3
OA No.3107/2019
3. Director General,
Information Systems, MISO,
IIIrd Floor, Rao Tula Ram Marg,
Delhi Cantt-110010.
4. Director,
Defence Headquarters Training Institute,
Room No.185A, B Block, New Delhi-110011.
...Respondents
(By Advocate : Ms. Harvinder Oberoi)
ORDER (ORAL)
Justice L. Narasimha Reddy, Chairman :-
The applicants are working as Data Processing Assistant (DPA)/Programmers, in the Ministry of Defence. The next promotion is to the post of Senior System Analyst (SSA). The applicants submit that till the seniority list that was published in December, 2016, they were senior to many DPAs, but in that seniority list they were shown much below. They filed OA No.675/2016 challenging the seniority list and it is pending.
2. For promotion to the post of SSA, one has to undergo training in Computer Education from the concerned departments of the Central Government. The candidates who are in the zone of consideration are chosen for such training. Correspondence ensued in the 4 OA No.3107/2019 Department in August and September, 2019 for arranging such program for the next batch of candidates. This OA is filed with a prayer to declare the action of the respondents in proposing to impart training to the juniors of the applicants, for promotion to the post of SSC, as illegal, arbitrary and to direct the respondents to consider the name of the applicants for training.
3. We heard Shri Pramod Kumar Sharma, learned counsel for applicants and Ms. Harvinder Oberoi, learned counsel for respondents, at the stage of admission, in detail.
4. The applicants want this Tribunal to stall the proposed training for the candidates, for promotion to the post of SSC or in the alternative, to direct the respondents to impart training to the applicants in the same batch. Either way, we find it difficult to grant the relief. The reason is that, as of now, the applicants are far below in the seniority list published in December, 2016 and they have already invoked the jurisdiction of this Tribunal by filing the OA No.675/2016. Secondly, an attempt made by them to get the interim orders also did not fructify.
5OA No.3107/2019
5. A separate OA which has a direct bearing upon the issue in the pending OA is not maintainable. The applicants have to await the disposal of the pending OA.
6. We, therefore, dismiss the OA.
Pending MAs, if any, stand disposed of. There shall be no orders as to costs.
( Mohd. Jamshed) (Justice L.Narasimha Reddy) Member (A) Chairman 'rk'