Central Administrative Tribunal - Chandigarh
Unknown vs Union Of India Through Secretary on 23 February, 2017
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
OA No. 060/00412/2011 Date of decision- 23.02.2017
CORAM: HONBLE MR. SANJEEV KAUSHIK, MEMBER (J)
HONBLE MR. UDAY KUMAR VARMA, MEMBER (A)
Gandharav Singh son of Sh. Thanu Ram, aged 50 years, presently working as Assistant Engineer (Civil), in the office of Garrison Engineer, Abohar.
APPLICANT
BY ADVOCATE : Mr. D.R. Sharma.
VERSUS
1. Union of India through Secretary, Ministry of Defence, North Block, New Delhi.
2. Director General (Personnel), E-1 (DPC-1), Engineer-in-Chief Branch, Military Engineering Services, Integrated HQs of MoD (Army), Kashmir House, New Delhi.
3. The Registrar, Indira Gandhi National Open University, Maidan Garhi, New Delhi-110068.
4. All India Council of Technical Education, 7th Floor, Chanderlok Building, Janpath, New Delhi-110001 through its Secretary.
5. B.B. Bansal, MES No. 314966, Assistant Engineer (Civil), O/o Garrison Engineer (Independent) R & D, Chandigarh.
6. Janak Raj Mittal, MES No. 314766, Assistant Garrison Engineer (Civil), O/o Garrison Engineer, Chandimandir.
7. Mohinder Pal Singh, MES No. 314568, Assistant Garrison Engineer (Civil), O/o Garrison Engineer, New Amritsar Military Station (NAMS), Amritsar.
8. Prem Dass MES No. 314057 Assistant Garrison Engineer (Civil), O/o Garrison Engineer (Independent), R & D, Dehradun.
9. Rakesh Kumar Jindal MES No. 314669, Assistant Garrison Engineer (Civil), O/o Garrison Engineer, Amristsar.
10. Chaudhari A.D MES No. 175383 Assistant Engineer (Civil), O/o Garrison Engineer (Independent) R & D, Girinagar.
RESPONDENTS
BY ADVOCATE: Sh. Ram Lal Gupta, counsel for respondent no. 1 &
2.
Mr. Raghubir Tejpal, counsel for respondent no. 3.
None for respondent no. 4.
ORDER
HONBLE MR. SANJEEV KAUSHIK, MEMBER (J):-
By means of present O.A filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant seeks following relief:-
i) That impugned seniority list dated 19.04.2009 (A-1) be quashed only to the limited extent that applicants qualification is mentioned as Diploma in Civil Engineering and respondent no. 2 be further directed to insert the higher qualification of the applicant in the said seniority list i.e. Degree in B. Tech Civil (Construction Management).
ii) That respondents be directed to consider the applicant for promotion to the post of Executive Engineer alongwith other employees/juniors, for which process for holding of DPC has already been initiated and Annexure A-3 to the extent it exclude the name of he applicant for consideration for promotion be declared as wholly illegal and violative of Articles 14 & 16 of Constitution of India.
iii) That this Honble Tribunal may also pass any other order in favour of the applicant which it may deem fit in the peculiar facts and circumstances of the case.
2. Sh. D.R. Sharma, learned counsel for the applicant submitted that though a litigation before Honble Supreme Court in case of Kartar Singh Vs. U.O.I & Ors where validity of degree/diploma from distance education is under challenge and is pending for adjudication, but subsequent to that, Government of India, Ministry of Human Resource Development (Department of Higher Education) issued a gazette notification dated 10.06.2015 wherein they have recognized the qualification acquired from the distance education for employment purposes. He also produced a communication dated 28.04.2016/04.05.2016 issued by University Grants Commission in furtherance of above gazette notification on similar lines. Both the above referred documents are taken on record.
3. Learned counsel for the applicant submitted that the present O.A can be disposed of with a direction to the respondents to consider the case of the applicant in the light of the above two circulars.
4. Learned counsel for the respondents did not object to the disposal of O.A in the requested manner.
5. Considering the consensual agreement reached between the parties and without commenting on the merit of the case, we dispose of the present O.A with a direction to the respondents to consider the case of the applicant in the light of the above referred circulars by passing a reasoned and speaking order within a period of four months from the date of receipt of a certified copy of the order. The linked MAs are also disposed of.
6. No costs.
(UDAY KUMAR VARMA) (SANJEEV KAUSHIK)
MEMBER (A) MEMBER (J)
Dated: 23.02.2017
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OA No. 412/PB/2011