Central Administrative Tribunal - Delhi
Dal Singh S/O Shri Ran Singh vs Union Of India (Uoi) Through Secretary, ... on 19 March, 2007
ORDER
V.K. Bali, J. (Chairman)
1. The prayer made in this Original Application filed under Section 19 of the Administrative Tribunals Act, 1985 is to declare the action of the respondents in not conferring the benefit of Assured Career Progression Scheme to the applicant being illegal and arbitrary, as also to consider the case of the applicant for grant of the said benefit from due date and if the applicant be found fit, the respondents may be directed to grant the first financial upgradation from due date like salary, seniority etc.
2. For the relief aforesaid, counsel relies upon the judgement of Hon'ble Supreme Court in Union of India v. K.V. Jankiraman and Ors. 1991 (4) SCC 109. The records of this case would, however, reveal that prayer for the precise relief, as asked for in the present Original Application, was made prior in point of time on 20.11.2006, i.e., the applicant made a representation, which was followed by reminder dated 1.12.2006. This Tribunal is given to understand that the representation and the reminder, referred to above, have not evoked any interest with the respondents so far.
3. Without going into the merits of the matter, we only direct Commissioner, Commissionerate of Central Excise, Delhi-I, C.R. Building Delhi, (third respondent) to deal with the representation of the applicant dated 20.11.2006 (Annexure A-4) and pass orders thereon in accordance with law. While passing the order, third respondent would also consider the applicability of the judgment of Supreme Court in K.V. Jankiraman (supra). If no relief is to be granted to the applicant, a speaking order shall be passed after hearing the applicant.
4. Let the exercise mentioned above be done as expeditiously as possible and preferably within six weeks from the date of receipt of a copy of this order.
5. Copy of this order be given to the counsel immediately on making application in this regard.