Central Administrative Tribunal - Delhi
Shri Y.S. Sengar vs Municipal Corporation Of Delhi on 9 August, 2011
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI O.A. No.603/2011 New Delhi, this the 9th day of August, 2011 HONBLE MRS. MEERA CHHIBBER, MEMBER (J) HONBLE DR. A.K. MISHRA, MEMBER (A) Shri Y.S. Sengar, S/o Shri Surendra Singh Sengar, R/o N-63, Near Jagat Ram Park, Lakshmi Nagar, Delhi. ..Applicant (By Advocate: None) Versus 1. Municipal Corporation of Delhi, Through its Commissioner, Dr. S.P. Mukherjee Civic Centre, J.L. Marg, New Delhi. 2. The Commissioner, Municipal Corporation of Delhi, Dr. S.P. Mukherjee Civic Centre, J.L. Marg, New Delhi. 3. The Director (Personnel), Municipal Corporation of Delhi, Dr. S.P. Mukherjee Civic Centre, J.L. Marg, New Delhi. 4. Additional Commissioner (Engineering), Municipal Corporation of Delhi, Dr. S.P. Mukherjee Civic Centre, J.L. Marg, New Delhi. .. Respondents (By Advocate: Shri Harinath Ram) O R D E R (ORAL)
Mrs. Meera Chhibber, Member (J) None for the applicant even in the revised call.
2. Applicant had sought the following directions:
(i) to issue order/direction to the respondents to convene review DPC of the DPC, result of which was declared on 16.07.2007; if name of the applicant is considered, the seal cover may be opened.
(ii) to issue order/direction to the respondent to declare the petitioner as promoted as Assistant Engineer (Civil) with effect from the date when his immediate junior has been promoted if the name of the applicant is found suitable for promotion by the DPC which was convened in 2007;
to issue order/direction to the respondents directing them to grant all the consequential benefits including the seniority if the applicant is declared entitled for promotion with effect from the date when his immediate junior has been promoted. Respondents have filed their reply giving all the details as follows:
That as per record, it is submitted that in compliance of the orders of the Honble Tribunal in TAs No.890/2009, 986/2009, 706/2009, 697/2009, 707/2009, 708/2009, 124/2010, 125/2010 etc., the DPCs for the post of AE (Civil) held between 1991 to 2007 have been reviewed. The DPC meetings held in the years 1997, 1998, 2002, 2006 and 2007 have already been reviewed on 26.11.2010, 09.12.2010, 13.12.2010, 16.12.2010, 07.01.2011 and 18.04.2011. The office order in respect of recommended candidates for promotion to the grade of AE (Civil) upto the year 2006 has already been issued vide order No.F.2(36)/Engg./HQ/2011/37 dated 06.04.2011 (Annexure-I). The Draft Minutes of the Review DPC meeting held on 18.04.2011 for the DPC held on 14.06.2007 have been prepared and under submission administrative approval of the competent authority.
That so far as the case of the Petitioner/Applicant is concerned, vide present application, the main relief sought relates to holding a review DPC for promotion to the post of AE (Civil) and consider the name of the applicant for the post and promote the applicant to the post of AE (Civil) from the date his first junior was promoted. In this regard, it is submitted that as entailed above, the DPC held on 14.06.2007 has already been reviewed on 18.04.2011 by the respondent and the Draft Minutes of the Review DPC have been submitted for administrative approval of the competent authority. It is submitted that the name of the Petitioner has been considered by the Committee on merits in Review DPC as per rules. In view of above, the OA may be dismissed.
4. Since respondents have stated that the review DPC has already been held and the minutes are under submission for administrative approval of the competent authority, we dispose of this OA with a direction to the respondents to pass final orders within two weeks under intimation to the applicant. No costs.
(DR. A.K. MISHRA) (MRS. MEERA CHHIBBER)
MEMBER (A) MEMBER (J)
/jyoti/